Section 199. Provisions for payment of cost or compensation. (SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

ENACTMENT No. 3 Of 1989
SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

PART VII - GENERAL

Section 199. Provisions for payment of cost or compensation.

(1) Subject to the provisions of this Enactment where any person is, under this Enactment, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the court making such order may in its discretion do all or any of the following things namely-

(a) allow time for the payment of the said sum;

(b) direct payment of the said sum to be made by instalments;

(c) direct that in default of payment such person shall suffer imprisonment for a certain term which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence;

(d) direct that such person be searched and that any money found on him when so searched or, which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of such sum, the surplus, if any, being returned to him:

Provided that such money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.

(2) The term for which the court directs such person to be imprisoned in default of payment to satisfy any sum shall not exceed the following scale-

When the money to be paid does not exceed M$25.00	one month
When the money to be paid exceeds M$25.00 but does not exceed M$50.00	two months
In any other case	four months

(3) Subject to the provisions of this Enactment the imprisonment which the court imposes under this section shall terminate whenever the money is paid.

(4) If before the expiration of the time of such imprisonment such a proportion of the money is paid that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.