Difference between Fine and Penalty

220 votes

After full prosecution in a case, a fine is referred to by the court as the sum to be levied for the offence the accused has been convicted for. On the other hand, penalties are imposed when a person does not comply with the provision of a specified act.
 
Punishment is a term used mainly in the socio-legal context, as it achieves its goals from a sociological point of view, and, at the same time, it achieves its understanding and enforceability through a legal structure. There are various forms of punishment in the form of simple or rigorous imprisonment, life imprisonment, death sentence, fine, and property.
 

What is Fine?

A fine is a form of punishment used in various aspects of law, such as civil law or criminal law, whose goal is determined by the nature of the offence. It is an amount that has to be paid for the punishment by the offender by order of the judge.
 
It is a punitive measure imposed by a decision of a court of competent jurisdiction on a person convicted of an offence. This means that once a person has been convicted of a crime, the sentencing judge, in his discretion, imposes a criminal fine on the offender. It can also take the form of a prison sentence or probation in certain circumstances.
 
Several factors are considered while deciding the fine, these are –
The type of offence, the gravity, the circumstances, the defendant's criminal record, the testimony of the witnesses of the convicted defendant, the measures taken by the defendant to rectify the mistake.
 
In short, it is precisely the price a person pays for some criminal behavior. It is a monetary sanction that serves as an important punishment in civil law as well as criminal law. The sum shows the seriousness of the breach of contract or offence, which is decided by the court.

The imposition of fine in civil cases is to compensate, whereas in criminal cases the purpose is punishment. In respect of companies, any application or petition filed with the court such as National Company Law Tribunal, High Court, etc. It is considered an ideal punitive measure as it is capable of introducing varying degrees of severity and liability. It should be flexible so that it can be adjusted according to the rigor of the offence.
 

What is Penalty?

Punishment or Penalty refers to a punitive measure, which is imposed by law for enforcing an act which is prohibited or fails to do the act required by law. This may take the form of imprisonment or fine or describes punishment to correct the wrongdoer's action under a legal system.

Simply put, penalty in the form of a predetermined amount for non-payment or non-proliferation of an act within the prescribed time. Punishment with respect to specific liability pertains to violation of standard conduct. It is linked to a specific non-dealing price, which is paid by those who adopt such behaviour. It is a basic penalty imposed for doing something that violates the law.

In respect of companies, a penalty is imposed on the condition of non-compliance and the authority concerned can impose the penalty directly. In the context of criminal cases, a criminal fine is imposed. Criminal punishment is in the form of a monetary fine, criminal punishment or confiscation of the property of a person violating the law, who is guilty of an offense after order by the court, which may be any action, omission or violation.
 

What is the difference between Fine and Penalty?

The difference between fine or fine and penalty can be clearly seen on the following grounds:

• Fine refers to an amount, which the court orders to pay as penalty or punishment. Conversely, punishment is retribution on someone for not complying with the provisions of a certain act.

• While a fine is imposed on the commission of a crime or offence, a penalty is imposed for breaking a certain, law, rule or contract.

• Fines include monetary payment that is accompanied by trial, community service, and imprisonment. As against, fines are in the form of payment for damages, confiscation of property and even imprisonment.

• Penalty is imposed on the wrongdoer by the court, while the penalty is imposed by the concerned authority on the person who violates the law.

 
Fines are also a type of punishment and have both civil and criminal applicability. A court of law has the power to impose fine, preventive, compensatory and other purposes for which punishment is imposed. Penalties, on the other hand, are a great way to prevent a breach of a law, contract or rule, as the person has to pay for interfering with the law.

LawRato LawRato

687 votes

HYE ADVOCATE ANUPAM KUMAR MISHRA
Fine is referred to as a sum of money ordered by the court to pay for an offence, after the complete prosecution in a matter. On the other hand, penalties do not involve court proceedings and they are imposed when a person does not comply with the provision of a specified act.

Advocate Anupam Kumar Mishra LawRato