Answer
Ans: (a)
A close sifting of the Code would show that Ss. 61 & 62 regarding the forfeiture in absolute of property of the offender have since been removed from the statute book repealed. However, following are the cases where the property of the offender is liable to forfeiture:
Circumstances where property forfeited:
(a) Depredation (plundering/destruction) is committed on to territories of any power in peace with Pakistan, such property as is used or intended to be used in committing such depredation is liable to forfeiture in addition to sentence of imprisonment and fine. The property coming within this provision of Section 126 of Pakistan Penal Code, 1860 is that which is used in committing such depredation or acquired for such purpose.
(b) Further to the above as enjoined by Section 27 of the Code whoever receives any property known the same to have been taken in the commission of any of the offences like waging war against any power in alliance with Pakistan or in the committing of the depredation shall be liable to forfeiture.
(c) The third situation would be where a public servant and being legally bound as such public servant not to purchase or bid for certain property purchases or bids for the property either in his own name or in the name of another or jointly or in shares with other shall be punished with simple imprisonment for a ten which may extend to two years or with fine or with both and the property purchased shall be confiscated.
Ans. (b)
Imprisonment: Imprisonment is of two kinds:
(1) Life imprisonment
(ii) Imprisonment
imprisonment also have two kinds:
(a) Simple
(b). Rigorous
Life Imprisonment:
There is only the case where death sentence is a must, i.e. when life prisoner in attempt to murder causes hurt. In all other cases life imprisonment is alternative to death sentence. Imprisonment for life for the purpose of calculation means imprisonment.
Imprisonment:
(a) rigorous
(b) simple
In case of rigorous imprisonment the prisoner is put to hard labour while in simple imprisonment he is confined to jail only.
Solitary Confinement:
There is also a third type of confinement known as solitary confinement. This can only be awarded to persons punished with rigorous imprisonment with the condition that whole period of solitary confinement should not exceed three months. Thus to solitary confinement can only be awarded for the offences under the Penal Code in most exceptional cases. Ss. 73 and 74 of the Penal Code lay down the rule about solitary confinement.
Different types of imprisonment may be given:
1. If at the time of committing robbery, or dacoity the offender uses deadly weapon or causes grievous hurt, or
2. If while committing this offence he is armed with a deadly weapon he is punished with imprisonment for not less than seven years (Ss. 397 and 398).
Sentences of imprisonment may be in certain cases, wholly or partly rigorous or simple (S. 60). But in these cases the imprisonment must be rigorous:
1. Giving or fabricating false evidence with intent to procure conviction of capital offence. (S. 194)
2. Unlawful return from transportation. (S. 226)
3. House trespass to commit as offence punishable with death. (S. 449)
There are twelve offences that are punishable with simple imprisonment only.
Fine:
Where no specific ‘amount to be imposed as fine’ is mentioned, it shall be discretionary but not excessive. If punishment awarded for offence is fine only or imprisonment with fine. Court should direct that in default of payment of the fine, the accused shall be imprisoned for a certain term which should be in addition to imprisonment already awarded. (Ss. 63 and 64)
/ Punishment of fine may be given:
Fine is awarded as a sentence by itself in the following cases:
1. A person, in charge of a merchant vessel, negligently, allowing a deserter from the Army Navy or Air Force to
obtain concealment in such vessel its liable to a fine not exceeding Rs.500. (S. 137)
2.The owner or occupier of land on which is riot or an unlawful assembly is held, and any person having or claiming any interest in such land and not using all lawful means to prevent such riot or unlawful assembly, is punishable with fine not exceeding Rs.1,000. (S.154)
3. The person for whose benefit a riot has been committed not having duly endeavored to prevent it. (S. 155)
4. Agent or manager of such person under like circumstances. (S. 156)
5. Illegal payments in connection with an election. (S.171-H)
6. Failure to keep election accounts. (S. 171-1)
7. Voluntarily vitiating the atmosphere so as to render it noxious to the public health is punishable with fine of Rs.500 (Section 278).
8. Obstructing a public way or line of navigation is punishable with fine not exceeding Rs.200. (S. 290)
9.Committing of public nuisance not otherwise punishable is punishable with fine not exceeding Rs.200. (S. 290)
Punishment in default of line:
The following provisions regulate the character and payment of fine:
In fine only:
Where an offender is sentience to a fine, the Court may direct that the offender shall in default of payment suffer a term of imprisonment, which imprisonment may be in excess of any either imprisonment to which be may have been ,sentenced for the offence, or to which he may be liable under a commutation of sentence. S. 64)
Fine as well as imprisonment:
If the offender be punishable with imprisonment as well as fine such imprisonment must not exceed one fourth of the term of imprisonment which is the maximum fixed for the offence(S. 65) such extra imprisonment may be of any description to which the offender might have been
sentenced for the offence. (S. 66)
In case of only line:
When the offence is punishable with fine only such imprisonment must not. Exceed two months when the amount of the fine does not exceed fifty rupees, four months when the amount does not exceed one hundred rupees, and for any term not exceeding six months in any other case (S.67). The imprisonment in such cases must be simple only.
Termination of:
Such imprisonment terminates:
1. Upon payment of the fine (S. 68); or
2. Before the expiration of the term of imprisonment fixed in default of payment, if such proportion of the fine be p4aid, or levied, that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid. (S. 69)
Fine may be levied within six years or at any time during the term of imprisonment if it be longer than six years, and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. (S. 70)
An offender who has undergone full term of imprisonment inflicted in default of payment of fine is still liable for the amount of fine. The Bombay High Court has laid down that movable property of the offence can alone be detrained and sold for the recovery of fine. But the Calcutta High Court has held that a suit can be brought to recover fine by the sale of immovable property of the offender.