Section 64Part 11 — Proceedings Under an Absolute Order for Bankruptcy
Debts incurred by breach of trust, recklessness or extravagance, how far punishable
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If, at any time before an order of discharge is granted to a debtor, it appears to the Court that the debtor has incurred or contracted any debt by means of a breach of trust or without having had any reasonable or probable ground of expectation at the time when the debtor incurred or contracted such debt of being able to pay the same, or that the debtor has lived extravagantly or beyond the debtor’s proper means, it may, if it thinks fit, order the debtor to be imprisoned in some convenient prison for any period not exceeding one year — Provided that, if in the opinion of the Court, the conduct of the debtor has rendered the debtor liable to punishment for an offence under this Act, it may direct the prosecution of the debtor for such offence, and cause the Trustee to prepare a statement of the case for the conduct of the prosecution.