|
|
[Home] [Databases] [Search] [Feedback] [Help] |
|
Law and Justice Commission of Pakistan |
Amendment in Section 67 Of the Pakistan Penal
Code 1860
|
The Pakistan Penal Code 1860 defines offences and specifies punishments
thereof. There are various major and minor penalties provided for offences
under the Penal Code and fine is one such punishment, which is awarded to the
offenders either separately or combined with a term of imprisonment. For some
of offences, no maximum limit of punishment is specified. In such cases, the
Trial Court exercises its discretion while awarding fine or imprisonment.
However, there are some offences for which only a specified amount of fine is
provided as punishment in the Penal Code, to be imposed on the offender. Such
offences are given below.
|
||
|
Section
|
Offence
|
Fine (Rs)
|
|
137
|
Deserted concealed on board merchant vessel through negligence of master.
|
1500/-
|
|
154
|
Owner or occupier of land on which an unlawful Assembly is held.
|
3000/-
|
|
155
|
Liability of person for whose benefit riot is committed.
|
Unspecified
|
|
156
|
Liability of agent of owner or occupier for whose benefit riot is
committed.
|
-do-
|
|
171G
|
False statement in connection with an election
|
-do-
|
|
171H
|
Illegal payments in connection with election
|
1500/-
|
|
171I
|
Failure to keep election account
|
500/-
|
|
263A
|
Prohibition of fictitious stamps
|
600/-
|
|
278
|
Making atmosphere noxious to health
|
1500/-
|
|
283
|
Danger or obstruction in public way or line of navigation
|
600/-
|
|
290
|
Punishment for public nuisance in cases not otherwise provided
|
600/-
|
|
294A
|
Keeping Lottery Office
|
3000/-
|
The above offences are punishable with fine only. Failure to pay the fine leads to imprisonment as provided in Section 67 of the Penal Code:
Section 67: Imprisonment for non-payment of fine, when offence punishable with fine only.
If the offence be punishable with fine only, the imprisonment which the Court imposed in default of payment of a fine shall be simple and the term for which the Court directs the offender to be imprisoned in default of payment of fine shall not exceed the following scale, that is to say for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding 4 months when the amount shall not exceed one hundred rupees, and for any term not exceeding 6 months in any other case.
The Commission in its meeting held on 30th March, 2002 approved three fold enhancement of quantum of maximum punishment of fines prescribed for various offences under the Pakistan Penal Code, 1860. The Commission was of the view that fines were fixed long ago and due to devaluation of currency with the passage of time have become inadequate. In pursuance of the recommendations of the Commission, the Government promulgated Ordinance No. LXXXVI of 2002 on 25-10-2002, enhancing the quantum of fines.
It is also imperative that the amount of fine in default of which scale of imprisonment is prescribed in Section 67, may also be enhanced. It is, therefore, proposed that the scale of fine of Rs 50/-for default of which 2 months simple imprisonment is awarded, be enhanced to Rs 1000/- and for Rs 100/- in default of which 4 months simply imprisonment is awarded be enhanced to Rs 2000/-.
A comparative table showing the existing and amending provision of Section 67 is given below:
Comparative statement showing the existing and amending provision of section 67 of the Pakistan Penal Code
Existing Section |
After Making Amendment
|
|
If the offence be punishable with fine only, the imprisonment which the
Court imposes in default of payment of the fine shall be simple. And the term
for which the Court directs the offender to be imprisoned, in default of payment
of fine, shall not exceed the following scale, that is to say, for any term not
exceeding two months when the amount of the fine shall not exceed fifty
rupees, and for any term not exceeding four month when the amount shall not
exceed one hundred rupees, and for any term not exceeding six months in
any other case.
|
If the offence be punishable with fine only, the imprisonment which the
Court imposes in default of payment of the fine shall be simple. And the term
for which the Court directs the offender to be imprisoned, in default of payment
of fine, shall not exceed the following scale, that is to say, for any term not
exceeding two months when the amount of the fine shall not exceed one
thousand rupees, and for any term not exceeding four months when the amount
shall not exceed two thousand rupees, and for any term not exceeding six
months in any other case.
|
Commission’s Deliberations
The Commission considered the working paper in its meeting held on 14-2-2004 and noted that the draft seeks to amend Section 67 of the Pakistan Penal Code with a view to rationalize/enhance the sums of fine mentioned there, so as to restore a proper balance in the formula of fine and imprisonment, stipulated in the said section. After deliberations, the Commission approved the draft amendment bill. The Commission further directed the Secretariat to prepare and submit for consideration of the Commission a list of penal provisions in various criminal laws wherein the punishment prescribed is fine only.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/pk/other/PKLJC/reports/65.html