Fine is of two kinds. In criminal cases the Magistrate imposes the fine on the accused as a punishment for the offence. It may be imposed along with the sentence of imprisonment. There are also a few cases where fine only is imposed. Where the amount of fine is specified in the penal provisions of the Act, it may be any amount which may be symbolic or deterrent. Fine may be imposed with a view to compensate the victim of the offence. In such cases a part of the fine is paid over to the victim after the same is collected. Fine is recovered by the Court by the process available to it. If it is not so recovered it may be recovered through Collector as an arrear of land revenue.
Though plea bargaining is not permissible under law, superior Courts are independently exercising the power of enhancing the fine, though not apparently as plea bargain, and reducing the other sentences.
There is no scope for imposing any fine under civil law but such detriment occurs in the shape of forfeiture and penalty.
The word fine is used as a substitute for premium. In case where contracts are renewed or tenancy is extended by receiving some additional amount such additional amount is called premium.
[Ref.: Orissa Construction Corpn. Ltd. v. Regional Provident Fund Commissioner, 2006 (I) LLJ 1018 Ori.]