Conviction/ trial

Querist : Anonymous (Querist) 18 June 2010 This query is : Resolved
Can anybody tell me if a law is broken by a civil servant during performance of his duty, n the punishment for the offence is 3 months conviction or Rs. 1000/- fine or both depending on the discretion of court. So, my query is that is there any provision/ law by where merely imposing fine will serve the purpose and there is no requirement for convicting the person with imprisonment.if any law/ judgement in favour of my query is there do reply

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Devajyoti Barman (Expert) 18 June 2010
The court can either impose the fine or sentence punishment at his own discretion. There is no hard and fast rule in this regard.

Querist : Anonymous (Querist) 19 June 2010
Mr. Barman
Thanks for your reply, but ur reply doesn't solve my problem. My client is ready to pay the fine. is it possible that if we plead guilty and agree to pay the fine, can we escape the conviction/trail. I want so solid averment for that.

Kiran Kumar (Expert) 19 June 2010
i think Mr. Barman has correctly advised....even if you are willing to pay the fine it can only be in a circumstance if your client is convicted....how the fine can be imposed without conviction.

its better to plead the same before the judge to this extent....the judge may not impose sentence of imprisonment but still its a matter of discretion.

Pankaj Kundra (Expert) 19 June 2010
Mr Barman & Kiran are right

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