Section 30(1) in The Code of Criminal Procedure, 1973
(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.
