Amicus Curiae (Judiciary) 25 September 2020

Capital punishment with fine

How punishment of death penalty and fine are imposed simultaneously? In many judgments, the judge inflicts both punishments and in default of fine the accused has to further undergo imprisonment. Whether death penalty is stayed until fine is paid?

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RITUPORNA GUPTA 29 September 2020

Hello Asghar Khan,

In my opinion, death penalty is only stayed when there is a material development for instance if merit proven that the convict shall not be awarded with death penalty and can lead to commutation of the same to life imprisonment or when there is discovery of a new evidence which was previously not known, though if the case is legally sound, the stay is lifted.

Perhaps when the convict defaults in the payment of fine, the same can be recovered or realized by selling the properties or valuables owned by him, purely depending upon the fine's amount levied.

I hope this helps.