(1) If, in view of the
age of the offender who is convicted, at the first instance, of any
offence punishable by a sentence of imprisonment for a term of one
year or less, gravity of the offence, manner of commission of the
offence and his or her conduct, as well, the court does not consider it
appropriate to confine the offender in prison and is of the view that
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there will be no threat to the public peace, law and order if he or she
is released, and the court, for the reasons to be recorded, considers it
appropriate to dispense with the requirement of undergoing
imprisonment upon payment of a fine in lieu of imprisonment, the
court may order that the offender be not liable to undergo
imprisonment if he or she makes payment of money in lieu of
imprisonment.
(2) Prior to issuing an order pursuant to sub-section (1), the
court shall cause a deed to be executed by the offender that he or she
will not commit any kind of offence henceforth and will comply with
good conduct.
(3) In making payment of money by an offender who is
dispensed with the requirement of undergoing imprisonment upon
payment of money in lieu of imprisonment pursuant to sub-section
(1), the offender shall pay money by three hundred rupees a day of
imprisonment.
(4) If any offender who is dispensed with the requirement
of undergoing imprisonment pursuant to sub-section (1) commits any
offense punishable by a sentence of imprisonment within three years
after the date of such release, the sentence also including that of
imprisonment imposed on him or her by the previous judgment shall
be executed.
(5) Notwithstanding anything contained elsewhere in this
Section, if any foreign national who has been convicted of any
offence punishable by a sentence of imprisonment for a term of one
year or less and is in detention or imprisonment makes a petition for
dispensing with the requirement of undergoing imprisonment upon
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payment of a fine in lieu of the imprisonment, and if the offence is
not any offence set forth in sub-section (4) of Section 159, and the
court considers appropriate to release that offender from
imprisonment upon payment of a fine in lieu of the imprisonment,
the court may order that the offender will not be liable to undergo
imprisonment if he or she makes payment in lump sum of the
amount to be set by five hundred rupees a day.
(6) In making an order pursuant to sub-section (5), the court
shall order that such person be sent out of Nepal within seven days
and the immigration office shall send such person out of Nepal
pursuant to the court order.
(7) Fifty percent of the amount received pursuant to subsections
(3) and (5) shall be deposited into the victim relief fund
established in accordance with law.
(8) If payment of money is made pursuant to this Section,
the offender shall be deemed to have served the sentence of
imprisonment.
(9) Notwithstanding anything contained elsewhere in this
Section, the record of imprisonment of the person who is dispensed
with the requirement of undergoing imprisonment pursuant to this
Section shall remain valid until the period of completion of the
service of the sentence of imprisonment, and the court may, at any
time, revoke the order under this Section if he or she upholds
conduct or commits offence, contrary to sub-sections (2) and (4).
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(10) If an order is revoked pursuant to sub-section (9), such
offender shall serve the whole sentence commuted to him or her, by
undergoing imprisonment.