Insofar as the nature and extent the power to impose fine is concerned, Section 63 of the Indian Penal Code provides some guidelines and states that wherever no sum is expressed to which a fine could extend, the amount should not be excessive. It follows that if the law in question or the concerned provision stipulates the quantum or minimum amount of fine, the Courts must be guided by such specification. In Shantilal (supra) this Court considered the nature of imposition of fine and what attending circumstances ought to be taken into account by the Court while directing imprisonment for nonpayment of fine. Para 31 of the said decision is as under;
31. The next submission of the learned Counsel for the Appellant, however, has substance. The term of imprisonment in default of payment of fine is not a sentence. It is a penalty which a person incurs on account of non-payment of fine. The sentence is something which an offender must undergo unless it is set aside or remitted in part or in whole either in appeal or in revision or in other appropriate judicial proceedings or "otherwise". A term of imprisonment ordered in default of payment of fine stands on a different footing. A person is required to undergo imprisonment either because he is unable to pay the amount of fine or refuses to pay such amount. He, therefore, can always avoid to undergo imprisonment in default of payment of fine by paying such amount. It is, therefore, not only the power, but the duty of the court to keep in view the nature of offence, circumstances under which it was committed, the position of the offender and other relevant considerations before ordering the offender to suffer imprisonment in default of payment of fine.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1209 of 2018
Decided On: 20.09.2018
Sharad Hiru Kolambe Vs. State of Maharashtra and Ors.
Hon'ble Judges/Coram:
Abhay Manohar Sapre and U.U. Lalit, JJ.
Citation:AIR 2018 SC 4595,(2018)18 SCC 718.
