(1) For the purpose of
imposing a fine pursuant to Sub-section (2) of Section 34, such fine shall not exceed the
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Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
Amended by the Second Amendment.
Amended by the Second Amendment.
14 amount in controversy (Bigo) or One Hundred Thousand Rupees ? whichever is higher.
Provided, however, that such excessive fine shall not be set as is not suitable to the
condition of an offender or the circumstance of the offence.
(2) While setting the punishment of fine pursuant to Sub-section (1), the
judicial authority shall also specify in his/her decision the term of imprisonment, in
lieu of the fine, which the offender has to serve for his/her failure to pay that fine.
(3) Where the punishment of fine is imposed for an offence and there is
also a provision of punishment of imprisonment for such offense, punishment of
imprisonment shall not be set for a term exceeding five years for the failure to pay
the fine under Sub-section (2). If punishment of life imprisonment is imposed, no
additional imprisonment shall be imposed.