Legal Question in Criminal Law in India

yes. he will serve the sentence of imprisonment as an alternate punishment in case he does not pay fine. Usually the quantum of alternate punishment is mentioned in the sentencing judgment of the court.The amount of fine imposed depends on the loss or prejudice caused either to the state or the victims. Most importantly, the aforesaid process of sentencing will be in addition to the MAIN sentence which has to be served..Generally the maximum time of main sentence depends on the gravity of the offence. A sentencing order maybe in two parts including the prime sentence, i.e. the first part and the 2nd part which is in addition to the MAIN sentence. The 2nd part may be in addition to the Main sentence and contain an alternate sentence. When the main sentence is waived, like in cases of apology, the question whether the 2nd part of the punishment sentence of default in payment of fine otherwise depends on whether compensation is due to the complainants or victims. Usually only if the court imposes a sentence in two parts then the question is whether how will the 2nd part of the sentence run. In your friends case there would be no sentence in the first part and hence the sentence imposed would not be concurrent or successive. The alternate sentence will be a normal sentence.

In case your friend is not fined and is punished with imprisonment and fine with alternate imprisonment then in that case and also in default of payment the sentences will runs successively reason being the latter is in addition to and not alternate to the MAIN sentence and the successive sentence will be dependent on the quantum of fine unpaid, the gravity of the offence, the claim of compensation by the victims. It must be informed that the Main sentence is only dependent on the criminality and the charges.

Now the fine unpaid has to be recovered upon default and the imprisonment for default should be directly proportional to the earning capacity of the convict while in prison. Now the quantum of wage earning capacity while in prison or elsewhere will be the factor to compensate for unpaid fine and the time for imprisonment will depend on this factor.