There is no need for contempt in such cases where fine (which is imposed as punishment) is not paid. Firstly, the fine amount can be recovered from property of the person concerned, and in fact, Section 70 of the IPC lays down that even the death of the person will not discharge his property from such liability.
Secondly, usually, wherever the sentence of fine is imposed, there is an accompanying order laying down that in default of payment of fine, the person concerned shall have to undergo further imprisonment for the term separately specified for this purpose. This is done under the provisions of Section 64 of the IPC. So the purpose which could have been indirectly achieved by contempt of court (because, ultimately, after conviction in a case of contempt of court, the accused may at most be sentenced to imprisonment, etc.) can perhaps be said to have been achieved directly through providing additional imprisonment in default of fine in the original order itself.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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