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Which one of the following Sections of the Criminal Procedure Code, 1973 provides a sentence of imprisonment in default of a fine?
Question

Which one of the following Sections of the Criminal Procedure Code, 1973 provides a sentence of imprisonment in default of a fine?

A.

Section 32

B.

Section 31

C.

Section 30 (1)

D.

Section 34

Correct option is C


Section 30 (1) of the Criminal Procedure Code, 1973 provides for a sentence of imprisonment in default of payment of a fine. This section states that the Court of a Magistrate may award such imprisonment in default of payment of a fine.
Explanation:
1. Section 30 (1): Authorizes Magistrates to impose a sentence of imprisonment if the convicted person defaults on the payment of a fine. The term of imprisonment shall be in accordance with the limits prescribed for the particular offense.
2. Imprisonment in Default: Ensures that fines imposed by the court are taken seriously and provides a mechanism for enforcement through imprisonment if the fine is not paid.
3. Limits on Imprisonment: The term of imprisonment in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offense, and in no case shall the imprisonment exceed the term for which imprisonment could have been awarded for the offense.
Additional Information:
· Section 32 (a): Deals with the powers of a Magistrate to pass sentences, but does not specifically address imprisonment in default of a fine.
· Section 31 (b): Pertains to sentences which may be passed by courts of various Magistrates, outlining their sentencing powers but not specific to default of fine.
· Section 34 (d): Relates to the sentences that may be awarded for offenses committed in the course of the same transaction, and does not pertain to default of fine.

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