Imprisonment for Non-Payment of Fine, when Offence Punishable with Fine only - Section 67

Recovery of Fine: As per section 421 of the CrPC, the court after passing the sentence can take the action for the recovery of the fine in two ways: -

1. The court can issue a warrant to levy the amount by attaching and selling any movable property that belongs to the offender.

2. They Can issue a warrant to the district collector at the offender's place of living, authorizing him to take the money from the movable property or immovable property, or both.

3. Provided that such action shall not be ordered by the court if the offender has undergone imprisonment for the default he made for the payment of the fine. Furthermore, if the court makes any such order as after the offender has undergone imprisonment, then the court shall give special reasons for the same.

Further, in the case of Raju Tiwari v. the State of Chhattisgarh, the Chhattisgarh High Court was of the view that without giving a proper ‘special reason’ the court cannot order for the levy of money under Section 421 of CrPC when the offender already had undergone imprisonment for default of payment. 

How to file or defend your case for IPC 67 offence?

When someone is charged for an offence, then it is advised that he/she shall hire an expert lawyer who has experience in dealing with criminal cases. An expert lawyer will be able to advise on the available defences, pleas, and bargains likely to be offered and the expected outcome of the trial, depending upon the facts and circumstances of the case.

Charged under any crime is a serious situation to deal with. This is not only difficult for the accused, but also for the victim. A person charged for an offence has to face harsh penalties upon conviction.  A criminal lawyer with substantial experience in dealing with criminal cases can guide a person through the court procedure and can help in preparing a solid defense for the case. He can also prepare you for cross-examinations and guide you on how to answer the question of prosecution. 

During the trial in a court of law, an experienced lawyer would strive to defend your case and undoubtedly help you, either by obtaining an acquittal or by reducing your punishment.

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Important Judgement

Kishanlal Sindhi v. Executive Officer, Notified Area Council, Padampur, 1980 CriLJ 365: In this case, the contention raised by the petitioner was that Imposition of the sentence of imprisonment in default of the payment of fine is illegal as the statute creating the offence, e.g. Section 385-A of the Orissa Municipal Act allows for fine only and not imprisonment in default.

It was observed that mere fine is provided for by Section 385-A of the Act, the Courts below had no jurisdiction to impose the sentence of imprisonment in default of the payment of fine. Section 67 of I. P. C. provides for imprisonment in default of payment of the fine, where the offence is punishable with a fine, only. The word 'offence' used in Section 67 has been defined in Section 40, I. P. C. According to the definition, the word 'offence' is used in Section 67, I. P. C. denotes a thing punishable under the I. P. C. or under any local law or special law. A sentence of imprisonment can be awarded for non-payment of the fine even though no such imprisonment in default of the payment of fine is provided for by a local or special statute.

Section 67 of the Indian Penal Code which deals with imprisonment in default of the payment of fine applies not merely to offences under the I. P. C. but also under the local law and special law. The contention which is raised on behalf of the petitioner is devoid of any merit.