CHHAJULAL vs THE STATE OF RAJASTHAN

The Supreme Court held that under Section 33 of the Criminal Procedure Code, the period of imprisonment awarded in default of payment of fine cannot exceed one-fourth of the substantive sentence imposed by the Magistrate. The Court found that the Munsif Magistrate, having the powers of a 1st Class Magistrate, could not impose more than six months of imprisonment for default, thus ruling that the subsequent sentence of one year for default was illegal. The appeal was allowed to the extent of correcting the sentence for default of payment of fine, while upholding the conviction under Section 406 IPC.