Shahejadkhan Mahebubkhan Pathan Vs. State of Gujarat
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Head Note
Indian Penal Code,1860 - Section 63 , Section 64 , Section 65 , Section 66 , Section 67 , Section 68 , Section 69 , Section 70 , The Code of Criminal Procedure, 1973 - Section 30
Sentence of imprisonment in default of fine - Fine amounts imposed on convicts should not be excessive but decided keeping in view their financial condition, the magnitude of offence and other relevant considerations - Held - It is the duty of the court to keep in view the nature of offence, circumstances in which it was committed, the position of the offender and other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of the offence before ordering the offender to suffer imprisonment in default of payment of fine. The provisions of Sections 63 to 70 of IPC make it clear that an amount of fine should not be harsh or excessive. We also reiterate that where a substantial term of imprisonment is inflicted, an excessive fine should not be imposed except in exceptional cases.
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