Sentence of imprisonment in default of fine
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law :
Provided that the term—
(a) | is not in excess of the powers of the Magistrate under section 29; | |
(b) | shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. |
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29.