The Allahabad High Court has held that a court cannot impose a fine for an offence punishable under Section 304B of the IPC, as the provision does not prescribe imposition of any fine. Justice Zafeer Ahmad observed that a court can award only such sentence as is prescribed by the statute and, where the statute does not provide for a fine, no fine can be imposed in addition to the prescribed sentence.
The observation was made while considering a bail application filed by an accused convicted in a case arising out of a 2000 FIR under Sections 498A and 304B IPC and Sections 3/4 of the Dowry Prohibition Act. The trial court had sentenced the accused to 10 years’ rigorous imprisonment under Section 304B IPC along with a fine of ₹20,000, apart from sentences imposed under the other provisions.
The High Court stayed the fine imposed under Section 304B IPC, observing that the trial court had committed a ‘glaring error’ in imposing the same. The Court further remarked that it was unfortunate that such an error had been committed by an Additional District and Sessions Judge without duly considering the provisions of Section 304B IPC.
