Day fine as an alternate to imprisonment for offences under t he Indian Penal Code a socio legal study

Abstract

This study explores the efficacy of fine as a mode of punishment in criminal cases. It also highlights the reasons explaining why courts have hesitated to use it as a sole sanction and consequently Indian Courts facing lack of sentencing alternates have put over reliance on imprisonment, irrespective of the nature of offence being petty or serious. This study attempts to explore the viability of Day-Fine, i.e., a means based system that allows the court to set the amount of fine according to the severity of the offence as well as the means of the offender. This study involves an analysis various countries that have successfully used day fine. the study highlights the futility of short-term imprisonment which serves no constructive purpose. This study explores the viability of day fine with regard to different types of offences and different types of offenders. Insights were taken from different experts and various stakeholders in the criminal justice system proved supportive of the assertion, made in this study for the introduction of day fines, as an alternative to short-term imprisonment in India. newline