Section 46: Imprisonment for fine

1) Any offender who is unable to pay a fine imposed on him or her may be subjected to imprisonment.

2) The term of imprisonment under sub-section (1) shall be determined as follows:

(a) In determining the sentence of imprisonment in default of payment of a fine for an offence punishable by both imprisonment and fine, the term of imprisonment shall be so determined as not to exceed ten years.

(b) Where an offence is punishable by either imprisonment or fine or with both, in which the offender is sentenced to a fine only, in determining the sentence of imprisonment in default of payment of such fine, the term of imprisonment shall be so determined as not to exceed one half of the maximum term of imprisonment that can be imposed for such offence,

(c) Where an offence is punishable by fine only, in which the offender is sentenced to a fine, in determining the sentence of imprisonment in default of payment of such fine, the term of imprisonment shall be so determined as not to exceed two years.

3) Notwithstanding anything contained in sub-section (2), the following provisions shall apply to the imposition of a sentence of imprisonment for non-payment of a fine on a child below eighteen years of age:

(a) In the event of non-payment of a fine for an offence punishable by fine only or by either fine or imprisonment, the child shall not be subjected to imprisonment, and the fine shall be remitted.

(b) Where an offence is punishable by imprisonment or fine or both, in which the offender is sentenced to a fine only, in determining the sentence of imprisonment in default of payment of such fine, the term of imprisonment shall be so determined as not to exceed three months.

(c) In determining the sentence of imprisonment pursuant to sub-section (2) to be imposed on a person who is above fourteen but below eighteen years of age, the term of imprisonment shall be so determined as not to exceed half the sentence of imprisonment imposable on a person above eighteen years of age.