Imprisonment for Non-Payment of Fine: Current BNS Law and IPC Sections 63 to 70
A criminal court may impose a fine as punishment and, where the law permits, direct imprisonment if the fine is not paid. The duration, nature, termination and recovery of that default imprisonment are governed by specific statutory rules.
Current legal framework: BNS Section 8
Section 8 of the Bharatiya Nyaya Sanhita, 2023, titled Amount of fine, liability in default of payment of fine, etc., consolidates the rules on the amount of fines, imprisonment in default of payment, limits on such imprisonment, and the effect of payment and recovery. A fine may be imposed alongside imprisonment or as a standalone punishment where the relevant offence provision allows it.
Amount of fine: Under BNS Section 8(1), where a statute does not specify a maximum fine, the amount is not subject to a fixed statutory ceiling under that subsection, but it must not be excessive. A specific fine limit in an offence provision or other applicable law continues to govern.
Default sentence: Under Section 8(2), the sentencing court may direct imprisonment if the offender does not pay the fine, in the cases covered by the provision. Default imprisonment is additional to any other term of imprisonment imposed, as the statute provides. It is not automatic merely because a fine is imposed: the court's sentence and applicable law matter.
How long can imprisonment for non-payment of fine last?
Where the offence is punishable with imprisonment and fine
BNS Section 8(3) generally restricts default imprisonment to one-fourth of the maximum imprisonment prescribed for the offence when the offence is punishable with imprisonment as well as fine. The court must also observe other applicable sentencing restrictions.
Where the offence is punishable with fine only
BNS Section 8(5) provides for simple imprisonment in default of payment of a fine-only offence, subject to the following limits:
| Amount of fine | Maximum default imprisonment |
|---|---|
| Not exceeding Rs. 5,000 | 2 months |
| Exceeding Rs. 5,000 but not exceeding Rs. 10,000 | 4 months |
| Exceeding Rs. 10,000 | 1 year |
Under Section 8(4), where applicable, the default imprisonment may be of a description to which the offender could have been sentenced for the offence. For fine-only offences, the specific simple-imprisonment rule in Section 8(5) applies.
When does default imprisonment end?
Full payment or lawful recovery: BNS Section 8(6) provides that imprisonment in default of a fine terminates whenever the fine is paid or recovered through lawful process.
Partial payment: Section 8(7) provides for termination when enough of the fine has been paid or recovered that the imprisonment already served is not less than the proportional part corresponding to the fine still unpaid. For example, the calculation depends on the original fine, the amount recovered and the period of default imprisonment ordered.
Default imprisonment does not necessarily extinguish the unpaid fine. The fine can remain recoverable according to the statutory rules.
Recovery of unpaid fines and death of the offender
BNS Section 8(8) generally permits recovery of an unpaid fine within six years of the sentence, or, where the sentence makes the offender liable to imprisonment for more than six years, before the expiry of that longer period. Death does not discharge property from liability where that property would legally be liable for the offender's debts after death.
Procedural provisions governing the levy and execution of fines are also relevant. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 461 deals with warrants for levy of fine, subject to its conditions and exceptions.
Former IPC Sections 63 to 70: definitions and legal effect
The following provisions of the Indian Penal Code, 1860, governed the same subject before the BNS commenced. They remain relevant when the IPC applies to earlier conduct.
| Former IPC section | Subject and meaning |
|---|---|
| 63 | Amount of fine: If no upper limit is stated, the fine is unlimited in amount but must not be excessive. |
| 64 | Imprisonment for non-payment: The court may direct a specified term of imprisonment if a fine is not paid, where the provision applies. |
| 65 | Limit where imprisonment and fine are awardable: Default imprisonment must not exceed one-fourth of the maximum term prescribed for the offence. |
| 66 | Description of imprisonment: Default imprisonment may be of a description permitted for the offence. |
| 67 | Fine-only offences: Simple imprisonment in default, capped at two months for fines up to Rs. 50, four months for fines up to Rs. 100, and six months in other cases. |
| 68 | Payment of fine: Default imprisonment ends when the fine is paid or lawfully levied. |
| 69 | Proportional payment: Default imprisonment can end after sufficient partial payment or recovery relative to the term already served. |
| 70 | Recovery period and estate liability: Recovery is generally permitted within six years, or during a longer qualifying imprisonment period; death does not release legally liable property. |
Important distinction: The Rs. 50 and Rs. 100 thresholds above are historical IPC thresholds, not the current BNS fine-only thresholds. They should not be used indiscriminately for offences governed by the BNS.
Official legislation and further reading
Consult the enacted texts and amendments when applying these provisions to a specific case:
- Bharatiya Nyaya Sanhita, 2023 - India Code
- Bharatiya Nagarik Suraksha Sanhita, 2023 - India Code
- Indian Penal Code, 1860 - India Code
- India Code official legislation database
This article provides general legal information, not advice for an individual criminal proceeding. The applicable offence provision, commencement and savings rules, court order, and subsequent amendments must be checked.