AI Overview...
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Life Imprisonment with Fine - A person sentenced to life imprisonment can be asked to pay a fine, and in default of payment, may undergo additional imprisonment. Multiple sources confirm that courts often impose fines alongside life sentences, with default clauses leading to further imprisonment if the fine is not paid. For example, MOOSA KUNNUGOTHI Versus THE ADMINISTRATOR - Kerala, Omkarmurthy @ Murthy, S/o. Nagarajappa VS State of Karnataka, By Tumakuru Rural Police, Represented by SPP - Karnataka, Gendra Brahma VS State of Assam - Gauhati, and State Of Rajasthan Through PP VS Ankur Padiya S/o Shri Shrawan Kumar Padiya - Rajasthan all mention life imprisonment combined with fines and default imprisonment provisions.
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Default Clause in Fine Payment - Courts frequently include default clauses where failure to pay the fine results in additional imprisonment. For instance, MOOSA KUNNUGOTHI Versus THE ADMINISTRATOR - Kerala and Gendra Brahma VS State of Assam - Gauhati specify default imprisonment periods if the fine is unpaid, such as further rigorous imprisonment.
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Variations in Sentencing - The amount of fine and default imprisonment varies depending on the offence, but the principle remains consistent that a person sentenced to life imprisonment can be directed to pay a fine with default imprisonment clauses. For example, Omkarmurthy @ Murthy, S/o. Nagarajappa VS State of Karnataka, By Tumakuru Rural Police, Represented by SPP - Karnataka imposes a fine of Rs.30,000/- with default imprisonment, and ZAKIRHUSSAIN MUNIRUDDIN SHAIKH vs STATE OF GUJARAT - Gujarat modifies a life sentence to a fixed term with fine and default imprisonment.
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Legal Precedents and Judicial Practice - Courts have upheld the practice of imposing fines alongside life sentences, emphasizing that default clauses serve as an effective enforcement mechanism. This is evident in cases where courts have confirmed such sentences with default imprisonment clauses, such as in MOOSA KUNNUGOTHI Versus THE ADMINISTRATOR - Kerala and State Of Rajasthan Through PP VS Ankur Padiya S/o Shri Shrawan Kumar Padiya - Rajasthan.
Analysis and Conclusion:
Courts generally allow a person sentenced to life imprisonment to be asked to pay a fine, with a default clause stipulating further imprisonment if the fine is not paid. This practice aligns with judicial trends across various cases, ensuring enforcement of monetary penalties alongside custodial sentences.
Search Results for "Yes a Person Sentence to Life Imprisonment can be Asked to Pay Fine and in Default to Pay the Fine"
2024 Supreme(Online)(KER) 27137 • India - High Court of Kerala
P. B. Suresh Kumar, JOHNSON JOHN, JJ
POCSO Offences - The court convicted and sentenced the accused persons for various offences under IPC and POCSO Act, 2012. ... Finding of the Court: The trial court convicted and sentenced the accused persons for various offences, including Section ... The court confirmed the conviction and sentence for all other offences as per the impugned judgment. ... Section 366A IPC; imprisonment for life and to pay a fine of Rs.1,00,000/- a....
2022 0 Supreme(Kar) 106 • India - Karnataka
B.VEERAPPA, S.RACHAIAH
under Section 376 of IPC and to undergo Simple Imprisonment for two years and to pay fine of Rs.10,000/-for the offence punishable under Section 201 of IPC, with default sentences. ... By the impugned judgment, the trial Court sentenced the appellant/accused to undergo imprisonment for life and to pay fine of Rs.30,000/-for the offence punishable under Section 302 of IPC and sentenced to undergo S....
2006 0 Supreme(Bom) 584 • India - Bombay
D.G.KARNIK, RANJANA DESAI
His sentence of rigorous imprisonment for 10 years and fine of rs. 10,000/- , in default of payment of fine, to suffer further simple imprisonment for six months is maintained. ... Subst ant ive sentences shall run concur rently. The conviction of the accused under section 3 (2) (v) of the said Act and his sentence to suffer rigorous imprisonment for life and to pay fine of Rs. 5....
1980 0 Supreme(Gau) 31 • India - Gauhati
N.I.SINGH, K.LAHIRI
to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000, in default, to undergo further rigorous imprisonment of ... each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000 each, in default, to undergo further rigorous ... years and to pay a fine of Rs. 200, in default, to further rigorous #HL_STAR....
2013 0 Supreme(Del) 923 • India - Delhi
G.S.SISTANI, G.P.MITTAL
Final Decision: The conviction and sentence under Section 364A of the IPC were set aside, while the conviction under Section ... presented, but the conviction under Section 364A was found unsustainable due to lack of evidence of threat to the kidnapped child's life ... Decidendi: The court held that to establish the offence under Section 364A, there must be evidence of threat to the kidnapped person's life ... dated 12.2.2009 whereby the appellant was sentenced to undergo imprisonment for lif....
2021 0 Supreme(Raj) 117 • India - Rajasthan
SABINA, MANOJ KUMAR VYAS
One lakh, in case of default to pay fine convict will further undergo rigorous imprisonment for one year. ... One lakh, in case of default to pay fine convict will further undergo additional imprisonment for one year. ... Imprisonment for life is the rule and death sentence is an exception. ... U/s. 364A IPC Death sentence with fine of Rs.50,000/-, in case of #....
2024 Supreme(Online)(KER) 23534 • India - High Court of Kerala
P. B. Suresh Kumar, JOHNSON JOHN, JJ
the conviction and sentence for all other offences. ... POCSO Offences - Conviction and Sentence Challenged - Minor Victim Girl - Sexual Assault - Evidence of Prosecutrix - Confession ... Final Decision: The court set aside the conviction and sentence for the offence under Section 376(2)(n) of IPC but confirmed ... Section 366A IPC; imprisonment for life and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to under....
2000 0 Supreme(Guj) 683 • India - Gujarat
J.R.VORA, K.R.VYAS
under each count is reduced to six months - Sentence of fine with default clauses are, however, confirmed - Thus, the question of ... I. and to pay a fine of Rs. 200. 00 - While confirming the conviction, on the question of sentence, the Supreme Court observed as ... I. and to pay a fine of Rs. 300. 00 - He was also convicted for offence punishable under section 161 of the IPC and sentenced to ... However, even taking into account t....
2023 Supreme(Online)(P&H) 8651 • India - High Court of Punjab and Haryana
to imprisonment for 03 months under Section 279, 01 year under Section 304-A and 03 months under Section 337 IPC. ... repeatedly considered the fact that ordeal of facing pangs of prolonged trial needs to be considered while deciding adequacy of sentence ... He has undergone about 6 months out of substantive sentence of 1 year and has already faced protracted trial for last 16 years. ... the sentence of fine from Rs. 500/- to Rs. 1000/- with a direction that in default of payment of....
• India - Gujarat High Court
KSHITIJ R. VYAS, AKSHAY H. MEHTA, JJ
Sessions Judge, at the end of the proceedings by judgment dated 15th July, 2003, convicted the appellant for offence under section 302 of the IPC and sentenced him to suffer imprisonment for life and to pay fine of Rs.4,000/=, in default further RI for four months. ... Consequently, the order of sentence of life imprisonment is modified. The appellant is now sentenced to suffer RI for five years. Order regard....
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