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 Section 3(5) Prisons Act, 1894[Act N0. 9 of 1894 w.e.f. 22.03.1894] –             “remission system” means the rules for the time being in force regulating the award of marks to, and the consequent shortening of sentence of prisoner in jail.

Section 59(1) Prisons Act, 1894[Act N0. 9 of 1894 w.e.f. 22.03.1894] Power to make rule – The State Government may by notification in the official Gazette make rules consistent with this Act-

      (5) for the awards of marks and the shortening of sentences.

Section 432 Cr.P.C.

[Bhai Abdul Gani, (1951) Nag 760, See also Paras Nath, AIR 1969 AII116]

This section empowers the Government to remit wholly or in part the sentence of fine which is a substantive sentence but not the sentence of imprisonment in default of payment of fine. The imprisonment which a person is ordered to suffer for non-payment of fine is only a contingent imprisonment. It can be avoided by the payment of fine before the substantive term of imprisonment comes to an end. It cannot, therefore, be tacked on to the substantive sentence of imprisonment, at any rate, not till the substantive sentence comes to an end.

Sec.64 I.P.C. Sentence of imprisonment for non-payment of fine

[In every case, of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable [with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine,]

it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

Section 32A NDPS Act – No suspension, remission or commutation in any sentence awarded under this Act [Inserted by Act N0. 2 if 1989, w.e.f. 02.10.2001]

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.

Appeal (crl.)  1375 of 2007, SHANTI LAL Vs STATE OF M.P DATE OF JUDGMENT: 08/10/2007 

.......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. This sentence must be undergone by the offender 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. ....

WRIT PETITION (CRL.) NO.491 OF 2022 BILKIS YAKUB RASOOL VS UNION OF INDIA & OTHERS, ORDER DATED 08-01-2024

Sentence in default of fine:

54.

……..There can only be reduction in the substantive sentence to be undergone by way of imprisonment or which the application seeking remission is filed. Remission of sentence, which is for reduction of the period of imprisonment, cannot however relate to the payment of fine at all…….

Jail Manual PARA 36-

When two or more sentences of imprisonment have been passed in default of payment of fines the warrants should be examined to see whether such sentences are consecutive as concurrent sentences cannot be passed in such a case in view of Section 31 Cr.P.C.

[U.P. Jail Manual] 

When the order on an appeal has been received, the Superintendent shall himself communicate its purport to the convict concerned and shall enter on the order a certificate to the effect that it has been communicated. The copy of the appellate court’s order and other connected papers shall be filed with the convict’s warrant. In cases where, under rule 5, Chapter X of the High Court General Rules (Criminal), an amended warrant has to be issued and such amended warrant is not received with the copy of order, the Superintendent shall make a report to the court by which such amended warrant is required to be issued.

[High Court General Rules (Criminal) ] 98. Procedure when sentence altered or revised.

When a finding, sentence or order is reversed or altered in appeal, the appellate court shall issue a fresh warrant or order confirmable to its judgment or order and notify the same in its certificate to the court by which the finding, sentence or order was recorded or passed for necessary action.

A separate warrant or order shall be issued for each prisoner in respect of whom a finding, sentence or order has been reversed or altered in appeal, and the original warrant shall be recalled and cancelled under his hand by the presiding officer of the court by which the finding, sentence or order was recorded or passed.

In the following cases an abstract shall also be sent by the appellate court direct:

(i)       To the Superintendent of the Jail in which the prisoner is confined, where a prisoner confined in jail has been ordered to be acquitted or released on appeal.

(ii)      To the Superintendent of the District Jail, whereas the prisoner is on bail and is present when the judgment or order is pronounced by the appellate court and the court after cancelling his bail takes him into custody and remands him to jail.