392. Imprisonment in lieu of fine to succeed substantive sentence.
- If a prisoner sentenced to a term of imprisonment in default of payment of fine, is either at the same time or subsequently sentenced to a term of imprisonment without the option of fine the imprisonment in default of payment of fine shall be kept in abeyance till the expiration of all the substantive sentences of imprisonment.Example. - A prisoner is sentenced on the 9th June, 1897 to two years' rigorous imprisonment and a fine of Rs. 50, or in default, six months' further rigorous imprisonment, on the 17th July of the same year he is sentenced on another charge to imprisonment for 18 months, and on the 6th October, 1898, he is again sentenced on a third charge to imprisonment for two years, the sentence of six months' imprisonment in default of payment of fine should begin from the 9th December, 1902; (the date on which all the substantive sentences expire, i.e. the 8th December).Note. - This covers the case of a prisoner whose first sentence of imprisonment is in default of payment of fine. Any substantive sentence of imprisonment subsequently passed shall count from the date of the first sentence, and the imprisonment in lieu of fine shall take effect last, although a portion of it may have been already served when the substantive sentence was awarded; if, however, the imprisonment in default of payment of fine is of a different character to that of the substantive sentence, such imprisonment in default shall be completed before the substantive sentence of imprisonment shall take effect.
