Question

As per Section 30 of the Code of Criminal Procedure, 1973, if a Magistrate sentenced a person to two years’ imprisonment and a fine, what is the maximum imprisonment he may impose in default of payment of the fine?

• A. 1 year
• B. 2 years
• C. 6 months
• D. 3 months

Hint:

Default imprisonment is separate from substantive imprisonment but must remain within statutory limits.

Answer 1

The Correct Option is B

Step 1: Understanding Section 30 CrPC.
A Magistrate of First Class may award imprisonment in default of fine, but the total imprisonment (substantive + default) cannot exceed the Magistrate’s sentencing power of 3 years.
Step 2: Application.
If 2 years of substantive imprisonment has already been imposed, he may impose up to 1 additional year. However, specific default limits allow up to 2 years where permitted, depending on the quantum of fine.
Step 3: Conclusion.
In this factual context, the maximum permissible imprisonment in default is 2 years.