fine or a portion of it is not immediately paid, the date of release
shall be fixed on such dates as shall correspond to payment as well
as nonpayment of the fine. When any portion of the fine is
subsequently paid, the date of the release shall be altered
accordingly.
Example.—If a prisoner is sentenced on the 1st January to
six months imprisonment and to pay a fine of Rs. 300, or in default
of payment to be imprisoned for a further period of six months,
then supposing that the prisoner, immediately on conviction pays
Rs. 100, the date of release shall be first fixed at 31st October, that
is, six months plus four months (being the term proportionate to
the amount of the fine unpaid), and entries shall be made on the
warrant as the 30th June and 31st October; if he afterwards pays
another Rs. 100 the later date shall be changed to 31st August, on
his paying the whole, the fact shall be noted opposite the entry on
the 30th June.
Calculation of remission on payment of fine.
Rule44. If a prisoner is sentenced to fine and in default, to
imprisonment for a period and pays a portion of his fine, the
remission for the payment shall be calculated in days, fractions of
less than half a day shall not be counted. Half or over shall count as
one day.
Example.-A prisoner is sentenced on 15th July to six
months' imprisonment and to pay a fine of Rs. 300 or in default six
months further imprisonment. He pays Rs.63. The calculation shall
be made as follows:Number of days of
imprisonment in lieu life
X Amount
———————————.——— Paid
= Number
of
days to be
remitted.
Amount of fine
Rs. 180x63
=37/4/5 days i.e.
38 days
300
Note.-Month shall be reckoned to consist of thirty days for
the purpose of calculating the number of days to be deducted in
lieu of the amount of fine realized.
COMMENTS
Conversion of death sentence into life imprisonment/ Limit of
imprisonment for non-payment of fine. Termination of
16