Section 162: Execution of sentence of fine

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1) Every person who is required to pay a fine in accordance with the records established pursuant to Section 151 shall pay the fine immediately.

2) Notwithstanding anything contained in sub-section (1), if such person is not able to immediately pay the amount of fine but furnishes a property as the guarantee for the payment of such amount, the court may order that the amount of fine be paid up within one year in a maximum of three instalments.

3) Notwithstanding anything contained in sub-section (2), if the person so sentenced to fine has furnished any bail/bond or guarantee pursuant to Chapter 7 or Section 137, the court shall order that the amount of fine be recovered from such bail/bond or guarantee and only the remaining amount be paid in instalments.

4) Except in cases where the provision of payment of the amount of fine in instalments is made pursuant to sub-section (2) or the service of sentence has already been made by remaining in detention or custody in the course of the proceedings of the case or the amount of fine is recoverable from the bail/bond or guarantee furnished pursuant to Chapter 7 or Section 137, the court shall order the concerned prison to imprison the offender in lieu of the fine if he or she fails to pay the amount of fine immediately.

5) If an order is made pursuant to sub-section (4) and the offender who fails to pay the amount of fine pays some amount of fine or if the offender has remained in custody or detention in the course of the proceedings of the case and there is a situation that the period of such custody or detention undergone by him or her is to be set off against the period of imprisonment, the period of imprisonment in the default of payment of the amount of fine shall be set by setting off the said period of imprisonment undergone, and the offender shall be imprisoned only for the remaining period in proportion to the period so set and the total amount of the fine.

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