Section 64 of The Indian Penal Code, 1860 View Chapter 3

Sentence of imprisonment for non-payment of fine

1 [In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment,

and in every case of an offence punishable 2 [with imprisonment or fine, or] with fine only, in which the offender is sentenced to a fine.]

it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

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Footnote:-

1. Subs. by Act 8 of 1882, s. 2, for "In every case in which an offender is sentenced to a fine".

2. Ins. by Act 10 of 1886, s. 21 (2).