Section 27 in Criminal Court Rules of the High Court of Judicature at Patna
27. (a) Section 70 of the Indian Penal Code gives power to levy a fine within six years from the passing of the sentence or during the term of imprisonment of the offender if this exceeds six years. The law, however, must now be read with the proviso to Section 386 (1) of the Code of Criminal Procedure.
(b)When a substantive sentence of fine only has been passed and imprisonment in default has been ordered a warrant may be issued forthwith, unless the Court elects to proceed under the provisions of Section 388 of the Code of Criminal Procedure. Should the fine be paid or levied by process of law whether in whole or in part while the offender is undergoing imprisonment in default Sections 68 and 69 of the Indian Penal Code will apply. When, however, efforts made to realize the fine in full have proved unsuccessful and the offender has undergone the whole of the imprisonment awarded in default of payment of the fine the Court must proceed according to the proviso to Section 386 (1) of the Code of Criminal Procedure. Before issuing a warrant in such a case the Court must record in writing the special reasons which in its opinion make the issue of a warrant necessary. It would, for example, be open to the Court to take into consideration such a fact as the persistent refusal to pay a fine by an offender who is well able to do so. On the other hand it would also be open to the Court to consider whether the circumstances of the case or the means of the offender justify any further action. In case the Court do not find any special reason to issue the warrant the clerk incharge of the Fine Register shall at once obtain a certificate from the Court that the Fine is not to be realized. The relevant entry shall then be struck out of the Register of criminal fines and the amount of the fine shall be shown as remitted in the relevant column.(c)In cases where a substantive sentence of imprisonment is awarded in addition to a sentence of fine a warrant for the levy of the amount by distress and sale of movables should, if the Court elects to adopt this particular method, be issued with as little delay as possible. Realisation or payment of the fine in whole or in part while the offender is in jail whether under the substantive sentence or the sentence in default will under Sections 68-69 of the Indian Penal Code cancel or proportionately reduce the sentence of imprisonment awarded in default. When, however, the offender has undergone the full term of imprisonment awarded in default and the fine still remains unrealised the Court must proceed as indicated above in accordance with the proviso to Section 386 (1) of the Code of Criminal Procedure. [G.L. 4/65].
