Act 9 Penal Code Act 2008 14. Limit to Imprisonment for Non-payment of Fine, when Imprisonment and Fine are Awardable. If the offence subject to a sentence of imprisonment and a fine, upon default in payment of the fine, the Court may sentence the offender to be imprisoned for a term, that shall not exceed onefourth of the maximum term of imprisonment which is fixed for the original offence; provided that, in case of offences in which the offender has obtained material benefit, he or she shall be bound to return such benefit; and in case of default, he or she shall be sentenced to an additional term of imprisonment without regard to the limitation provided for in this section. 15. Imprisonment for Non-payment of Fine, when the Offence is Subject to Fine Only. If the offence is subject to a sentence of a fine only, the term for which the Court may sentence the offender to be imprisoned upon default of payment of the fine, shall not exceed the following— (a) a term not exceeding two months, when the amount of the fine does not exceed SDG120; (b) a term not exceeding four months when the amount of the fine does not exceed SDG300; and (c) a term not exceeding six months in any other case. 16. Imprisonment to Terminate on Payment of Fine or Proportional Part of Fine. (1) If, before the offender is committed to prison under section 13 of this Act, upon default of payment of a fine, and a proportion of the fine is paid or levied by process of law, the term of imprisonment upon default of payment shall be abated proportionately. (2) If the offender has been committed to prison under section 13 of this Act, the imprisonment shall terminate whenever the fine or a proportion of the fine, equal to the proportion which the un-expired term of imprisonment bears to the whole term, is either paid or levied by due process of law. 30