133Damages

### 133 Damages > *\[Section 133 Amended by No. 60 of 1971, s. 5 \]*If the plaintiff in an action subject to this Part claims as damages the amount of a penalty or sum of money levied or paid under the conviction or order, or seeks to recover damages in respect of imprisonment suffered by him thereunder, and it is proved – > > > > (a) that he was guilty of the offence of which he was convicted, or that he was liable by law to pay the sum he was ordered to pay; and > > > > > (b) that the imprisonment, if any, so suffered by him was no greater than the punishment assigned by law for the offence of which he was convicted, or for non-payment of the sum he was ordered to pay – > > he is not entitled to recover the amount of the penalty or sum so levied or paid or any sum as damages for the imprisonment or any costs.