Bare ActsThe Haryana Prisons Rules 2022

Section 152

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Sentences awarded in default of payment of fine shall be calculated as follows, - (a) Sentences imposed in default of payment of fines shall not run concurrently; (b) All substantive sentences awarded to a prisoner shall be executed first before starting the sentence in default of payment of fine. Even when a prisoner is undergoing sentence in default of fine, if a substantive sentence is awarded to him, the sentence/s in default of payment of fine shall be held in abeyance till the execution of all substantive sentences. Illustration.- A prisoner is sentenced on the 9th June, 2017 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, 2018, 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, 2022 (the date immediately after that on which all the substantive sentences expire, i.e. the 8th December). (c) If a prisoner sentenced to imprisonment in default of payment of fine receives another substantive sentence while undergoing such imprisonment, the second substantive sentence shall begin from the date it was imposed and sentence in default of fine shall be kept in abeyance. A prisoner is sentenced on the 31st January to pay a fine of Rs. 300/- or in default to two months' rigorous imprisonment and on 12thFebruary of the same year he is sentenced on another account to additional imprisonment for four months. The sentence of four months of imprisonment shall begin from 12th February. (d) The imprisonment which is imposed in default of payment of a fine, shall terminate whenever that fine is either paid or recovered as per law. (e) If a prisoner is sentenced to imprisonment of which the whole or any portion thereof is in default of the payment of any fine, and if the fine or a portion of it is not immediately paid, the dates of release shall be calculated and entered on the prisoner's warrant and history ticket and in the registers so as to correspond both with payment and with non- payment of fine. (f) If a prisoner who is sentenced to a fine and in default to imprisonment, pays a portion of the fine, the date of release shall be proportionally altered. If the imprisonment in default of payment of fine is expressed in calendar months, then the reduction of imprisonment to be made in consequence of such payment, shall be calculated in calendar months and not in days. Any fraction of a month obtained by such calculation shall be reduced to days. When the fraction thus obtained is not exactly equal to any number of days or is less than a single day, the portion of a day which results shall be considered and treated as being equal to a full day. Illustration:- A prisoner is sentenced on 1st January to a fine of Rs. 300 or in default to six months' imprisonment. No part of the fine is realized except a sum of 75 paise. He shall be released on the 29th June, even though the amount realized is less than the full amount due for a single day. (g) When a prisoner is sentenced to fine and the fine is paid in installments, the period of sentence to be remitted shall not be calculated on the individual payments but the aggregate of the several previous payments. If a prisoner is sentenced on 1st January to six months imprisonment and a fine of Rs. 300 and it is ordered that if the fine is not paid, he shall be imprisoned for a further period of six months, then if the prisoner immediately on conviction pays Rs.100 the date of release shall be first fixed at 31st October (six months plus four months as equivalent of the fine unpaid), or if he afterwards pays another Rs.100, then the date will be changed to 31st August and on his paying the entire amount of the fine, to 30th June. (h) If a prisoner, who is sentenced to a fine and in default imprisonment for a certain number of years, months and days, pays a part of the fine, the remission for the payment shall be calculated in year and months and not in days, and any fraction of a month, obtained by such calculation shall be reduced to days. When the fraction thus obtained is not exactly equal to any number of days, or is less than a single day, the portion of a day which results shall be considered and treated as being equal to a full day, in favour of the prisoner. HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1247 Calculation of date of release when fine is partially paid.

Section 152 – The Haryana Prisons Rules 2022 | DailyLaw.ai