Sentence of imprisonment in default of fine
Section 30 of Code of Criminal Procedure, 1973 deals with sentence of imprisonment in default of fine. The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term - (a) is not in excess of the powers of the Magistrate under section 29;
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term - (a) is not in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.
Section 30, Code of Criminal Procedure, 1973 (Act 2 of 1974).
Cross-references
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Questions about Section 30
What does Section 30 of the Code of Criminal Procedure deal with?
Section 30 of the Code of Criminal Procedure is headed "Sentence of imprisonment in default of fine". The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term - (a) is not in excess of the powers of the Magistrate under section 29;
How do I find court cases under Section 30 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 30, section 30 Code Criminal Procedure 1973, section 30 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 30 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 29 (Sentences which Magistrates may pass), so none of them can safely be read on its own.
When was the Code of Criminal Procedure enacted?
Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.
Other sections of this Act
- 484. Repeal and savings25668 words
- 320. Compounding of offences1341 words
- 164. Recording of confessions and statements1157 words
- 167. Procedure when investigation cannot be completed in twenty-four hours1101 words
- 437. When bail may be taken in case of non-bailable offence999 words
- 220. Trial for more than one offence959 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.