Sentences awarded in default of payment of fine shall be calculated as follows:-
(a) Sentences imposed in default of payment of fines cannot run concurrently;
(b) If a prisoner sentenced to imprisonment in default of payment of fine receives another sentence while undergoing such imprisonment, the 581 राजस्ााू राज-पत्र दिसम् बर 12 2022 भाग 4 (ग) second sentence shall begin from the date on which the first sentence expires or if the fine is paid, from the date of payment.
Explanation: A prisoner is sentenced on the 31st January to pay a fine of Rs.
300/- or in default to two months' rigorous imprisonment and on the 12th February of the same year he is sentenced on another account to an additional imprisonment for four months. The fine is paid in full on the 28th February. The sentence of four months of imprisonment shall begin from the 28th February and not from the 31st January;
(c) If a prisoner, sentenced to a term of imprisonment in default of payment of fine is also, either at the same time or subsequently, sentenced to another term or terms of imprisonment, the initial sentence shall be kept in abeyance till the expiration of all the absolute sentences of imprisonment and it shall be annulled wholly or partially by the payment of the fine in whole or in part, before the expiry of that period or so long as imprisonment continues.
Explanation: This rule covers the case of a prisoner whose first sentence of imprisonment is only in default of payment of fine. The substantive sentences of imprisonment, subsequently imposed, shall count from the date of the first sentence and the imprisonment in default of payment of fine shall take effect last, although a portion of it may have been already served when the substantive sentence were awarded, unless the imprisonment is of a different denomination to that of the substantive sentences. In such a case the imprisonment in default of payment of fine shall be completed before the substantive sentences take effect;
(d) The imprisonment, which is imposed in default of payment of a fine, shall terminate whenever that fine is either paid or levied by the process of law;
(e) If a prisoner is sentenced to imprisonment, of which the whole or any portion thereof is in default of the payment of any fine, and if the fine or a portion of it is not immediately paid, the dates of release shall be calculated and entered on the prisoner's warrant and History Ticket and in the Registers so as to correspond both with payment and with nonpayment of fine.