PUNISHMENT UNDER IPC BY SHIVEN

Punishment under the IPC:

a. Fine: A fine is money paid usually to superior authority, usually governmental authority, as a punishment for a crime or other offence. The amount of a fine can be determined case by case, but it is often announced in advance.
Section 63: Amount of fine Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Section 64: Sentence of imprisonment for non-payment of fine. 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 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.
Section 65: Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
Section 66: Description of imprisonment for non-payment of fine The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.

Section 67: Imprisonment for non-payment of fine, when offence punishable with fine only- If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed tile following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not Nexceed one hundred rupees, and for any term not exceeding six months in any other case.
Section68: Imprisonment to terminate on payment of fine The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.
Section 69: Termination of imprisonment on payment of proportional part of fine If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not Less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration- A is sentenced to a fine of one hundred rupees and to four months’ imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment. A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment. A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
Section 70: Fine leviable within six years or during imprisonment- Death not to discharge property from liability The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

b. Capital Punishment:

Capital punishment or the death penalty is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a death sentence, while the actual process of killing the person is an execution. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally “regarding the head” (referring to execution by beheading.

Capital punishment has, in the past, been practised by most societies currently 58 nations actively practise it, and 97 countries have abolished it (the remainder have not used it for 10
years or allow it only in exceptional circumstances such as wartime) It is a matter of active controversy in various countries and states, and positions can vary within a single political Ideology or cultural region. In the European Union member states, Article 2 of the Charter of Fundamental Rights of the European Union prohibits the use of capital punishment. Currently, Amnesty International considers most countries abolitionist. The United Nations General Assembly has adopted, in 2007, 2008 and 2010, non-binding resolutions calling for a global moratorium on executions, with a view to eventual abolition. Although many nations have abolished capital punishment, over 60% of the world’s population live in countries where executions take place, such as the People’s Republic of China, India, the United States of America and Indonesia, the four most-populous countries in the world, which continue t apply the death penalty (although in India, Indonesia and in many US states it is rarely employed). Each of these four nations voted against the General Assembly resolutions.
c. Imprisonment:
Imprisonment is a legal term. It refers to the restraint of a person’s liberty. Detention (some sort of imprisonment) is the process when a state, government or citizen lawfully holds person by removing their freedom of liberty at that time. This can be due to (pending criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime.

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