Section 28Part 2 — Punishments
Fines
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28. Where a fine is imposed under any law, then in the absence of express provisions relating to such fine in such law —
where no limit is expressed to which the fine may extend, the amount of the fine which may be imposed is unlimited, but shall not be excessive;
in the case of an offence punishable with a fine or a term of imprisonment, the imposition of a fine or a term of imprisonment shall be in the discretion of the court; and
in the case of an offence punishable with imprisonment as well as a fine in which the offender is sentenced to a fine with or without imprisonment and in every case of an offence punishable with fine only in which the offender is sentenced to a fine, the court passing sentence may, in its discretion —
direct by its sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in addition to any other imprisonment to which the offender may have been sentenced or to which the offender may be liable under a commutation of sentence; and movable property of the offender by distress and sale under warrant: Provided that if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and if such person has undergone the whole of such imprisonment in default, no court shall issue a distress warrant unless for special reasons to be recorded in writing it considers it necessary to do so.
issue a warrant for the levy of the amount on the immovable and