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Difference Between Fine and Penalty
There are different types of punishments which are provided by different laws either for commission of offences or for violation of laws. Though, usually imprisonment and death sentences are awarded in criminal matters and damages are granted in civil matters, however in the present times, monetary punishments are becoming a new form of punitive measures in both criminal and civil cases which are imposed upon the offender in order to compensate the victim.
Fine and Penalty are monetary punishments in essence although, the object, method and authority which declares these punishments differ therefore creating differences between the two.
What is the meaning of Fine?
A Fine is a monetary sum which is levied by a Court of Law for the offence committed by a convict after the completion of the trial at the stage of sentencing. The fine is decided by the Court of competent jurisdiction on the basis of several factors including type and degree of offence, facts and circumstances of the case, antecedents and present position of the convict, harm caused to the victim. Moreover, in India, nowadays, the fine imposed on the convict is used for providing compensation to the victim.
Thus, it’s a price which is paid by the offender for his or her criminal behavior and as the fine is in proportion to the severity of the offence hence it is a great deterrence to prevent further commission of offences in future.
What is the meaning of Penalty?
Penalty is a disciplinary measure as it implies that a specified amount of money would be imposed by an appropriate authority on an individual or on a corporation either for violating a provision of law or for non-compliance with a statutory mandate. Penalties are generally imposed in civil matters and are pre-determined either by a statute or by a contract. Moreover, penalties can also be in the form of compensation or damages for breaching a contractual obligation or fiduciary duty.
Thus, the prime goal of imposition of fine is to maintain standard conduct among the members in order to ensure legal compliances and to prevent further violations, there are numerous other alternatives as well which are sort of punitive measures and are availed to enforce the penalty in exceptional circumstances.
Difference Between Fine and Penalty
The below provided table demonstrates a categorical difference between Fine and Penalty −
Basis |
Fine |
Penalty |
|---|---|---|
Definition & Purpose |
Fine is a monetary punishment for committing an offence. |
Penalty is a payment of a money sum either for violating a law or for non-compliance of a law. |
Authority |
Court |
Appropriate Authority or Regulatory Agencies. |
Persons |
Individuals only. |
Individuals and legal persons as well. |
Stage Of Imposition |
When the trial concludes and the convict is sentenced the punishment. |
When the statutory direction or fiduciary duty is breached by the person. |
Utilization |
Either deposited in the government treasury or compensation is paid to the victim. |
Either submitted to the empowered authority or damages are paid to the other party. |
Alternative |
If a fine is not paid timely, then courts generally sentence imprisonment or confiscate/attach the property. |
If a penalty is not deposited within the specified time, privileges and powers and licenses are either cancelled or taken away. |
Determination |
The amount of fine is decided by the judge while considering all the facts and circumstances of the case. |
The penalty is always pre-determined as it is either mentioned in the contract or provided by the laws and rules as enacted. |
Violation |
Non-payment of fine attracts contempt of court which amounts to additional punishment. |
Non-compliance with penalty direction further increases the amount and weakens the position of the concerned offender. |
Conclusion
Fine and Penalty are essentially pecuniary punishments which are used as sanctions to deter individuals and persons from making flagrant violations of law. Moreover, these are additional sanctions and becoming crucial in the present times when legal compliance despite their significance are neglected by the people who are primarily duty bound to maintain them. Hence, fine and penalty have a common purpose despite their structural and authorization differences.
Frequently Asked Questions
What is an example of a fine and penalty?
Payments made to offenders who damaged someone’s property or caused bodily injury, etc. are referred to as fines. And, a fine for running a red light or a tax penalty.
What is the meaning of fine and penalty?
A fine is a monetary penalty that a court of law or other authority determines must be paid as punishment for a crime or other transgression. The latter synonym is commonly used in civil law. A fine's amount can vary depending on the circumstances, but it is frequently disclosed in advance.
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