(1) In a case where the offender has been convicted of a crime for the first time and has been sentenced to imprisonment for one year or less than one year, if considering the age of the offender, the seriousness of the offense, the manner in which the offense was committed, and the conduct of the offender, it is not deemed appropriate to keep him in prison and if it is not deemed that his release would endanger public peace, law and order. Because of that, instead of keeping him in prison, if the open court deems it appropriate to release him from prison, instead of keeping him in prison, he can give an order so that he does not have to stay in prison by paying the money for his imprisonment.
(2) Before issuing an order as per sub-section (1), such a person shall be required to provide a document stating that he will observe good conduct without committing any type of offence.
(3) According to sub-section (1), the offender who has been ordered not to be imprisoned shall pay the amount at the rate of three hundred rupees for one day of imprisonment.
(4) If a person exempted from imprisonment under sub-section (1) commits any crime punishable by imprisonment within three years from the date of such exemption, he shall be sentenced to imprisonment in addition to the previous sentence.
(5) Notwithstanding anything else written in this section, if a foreign citizen who has been sentenced to imprisonment for one year or less than one year or who has been in prison applies to be freed from imprisonment by paying money in lieu of imprisonment, the court shall, except for the offenses mentioned in sub-section (4) of section 159, If the offender pays a lump sum amount of five hundred rupees per day for the punishment of imprisonment, the order may be made so that he does not have to stay in prison for the rest of the period.
(6) When ordering according to sub-section (5), the court shall issue an order to send such a person out of Nepal within seven days and the immigration office shall send such a person out of Nepal in accordance with the order of the court.
(7) Fifty percent of the amount received in accordance with sub-sections (3) and (5) shall be deposited in the victims' relief fund established in accordance with the law.
(8) If the amount is paid in accordance with this section, the offender shall be deemed to have paid the imprisonment.
(9) Notwithstanding anything contained elsewhere in this section, the imprisonment of a person released from imprisonment under this section shall be subject to imprisonment.It shall remain in effect for the period of the extension and if he commits any offense or conduct contrary to sub-sections (2) and (4), the court may cancel the order under this section at any time.
(10) If the order is canceled according to sub-section (9), such offender will have to pay the entire sentence in prison.