As per Section 30 of Code of Criminal Procedure, 1973, if a Magistrate sen- tenced a person to two years’ imprisonment and a fine, what is the maximum imprisonment he may impose in default of payment of the fine?
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Under Section 30 CrPC, when a Magistrate competent to try the case finds the accused deserves more than 6 months imprisonment but within the Magistrate's overall sentencing power, the Magistrate may forward the case to the CJM. In this question, the Magistrate sentenced to 2 years but can only impose 6 months in a particular category — the difference (excess) would be forwarded.
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