aws learning 19 March 2021
My friend was booked in an accident case under IPC 338. He was found guilty in trials and judgement passed as follows.
"He is sentenced to pay fine of Rs 1000/- (One thousand only) for the offence u/s 338 of IPC and in default of payment of fine, he shall undergo S.I for a period of 15 days".
Nature of disposal : Admission of CLAIM
What is the meaning of this? He has to pay fine only ? or he has to pay fine and also suffer imprisonment.
Dr J C Vashista (Advocate) 19 March 2021
It can not be single section 338 IPC but has to be clubbed with section 279 IPC, isn't it?
Academic query should be solved by your tutor/ professor, this site is meant to help needy litigants.
G.L.N. Prasad (Retired employee.) 19 March 2021
The question is itself having answer:
Query:
"in default of payment of fine, he shall undergo S.I for a period of 15 days".
He has to pay fine only ?
or he has to pay fine and also suffer imprisonment."
The inference is that If the offender fails to pay the fine then only he should undergo SI for a period of 15 days as per the query.
Sandeep Solanki 19 March 2021
Advocate Bhartesh goyal (advocate) 19 March 2021
Courts order is very clear , your friend has been sentences to fine of Rs 1000/-and if he faila to pay fine then he has to ondergo SI for a period of 15 days. Pay Rs 1000/-towards fine immediately.
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 21 March 2021
The keywords are "and in default". Therefore, if the convicted does not comply with the first part of the verdict only the latter part gets applied.
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