BNS Section 8 — Amount of fine, liability in default of payment of fine, etc

Summary

Sub-section (1) states that when a law does not specify a maximum fine for an offence, the amount of fine a court can impose is unlimited, but the fine must not be excessive.

Sub-section (2) covers cases where an offender is sentenced to pay a fine. Under clause (a), this applies when the offence is punishable with both imprisonment and a fine, and the offender is sentenced to a fine, whether or not imprisonment is also imposed. Under clause (b), this applies when the offence is punishable with either imprisonment or a fine, or with a fine only, and the offender is sentenced to a fine. In both situations, the court that sentences the offender can direct in the sentence itself that, if the fine is not paid, the offender will suffer imprisonment for a certain term. This imprisonment for default of payment is in addition to any other imprisonment the offender may have been sentenced to, or may be liable to under a commutation of a sentence.

Sub-section (3) limits the term of imprisonment that a court can order for default of payment of a fine. This term cannot exceed one-fourth of the maximum term of imprisonment fixed for the offence, if the offence is punishable with imprisonment as well as a fine.

Sub-section (4) states that the imprisonment imposed by the court for default of payment of a fine, or for default of community service, can be of any description (such as rigorous or simple) to which the offender might have been sentenced for the offence itself.

Sub-section (5) applies when the offence is punishable with a fine or community service. In such cases, the imprisonment imposed for default of payment of the fine or default of community service must be simple imprisonment. The term of this imprisonment cannot exceed the following limits: (a) two months when the amount of the fine does not exceed five thousand rupees; (b) four months when the amount of the fine does not exceed ten thousand rupees; and (c) one year in any other case.

Sub-section (6) deals with when imprisonment for default of payment of a fine ends. Under clause (a), this imprisonment terminates whenever the fine is either paid or collected through legal process. Under clause (b), if before the end of the fixed term of imprisonment for default, such a portion of the fine is paid or collected that the time already served in default is not less than proportional to the part of the fine still unpaid, the imprisonment terminates. The illustration gives an example: if a person is sentenced to a fine of one thousand rupees and four months' imprisonment in default, and seven hundred and fifty rupees of the fine is paid or collected before one month of imprisonment has passed, the person is discharged as soon as the first month ends. If that amount is paid or collected at the end of the first month or later while the person is still in prison, the person is immediately discharged. Similarly, if five hundred rupees is paid or collected before two months of imprisonment have passed, the person is discharged when the two months are completed, and if that amount is paid or collected at the end of those two months or later, the person is immediately discharged.

Sub-section (7) states that the fine, or any part of it that remains unpaid, can be collected at any time within six years after the sentence is passed. If the offender is liable to imprisonment for a period longer than six years under the sentence, the fine can be collected at any time before that longer period ends. The death of the offender does not discharge from liability any property that would, after the offender's death, be legally liable for the offender's debts.

Official Text

(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.

(2) In every case of an offence—

(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;

(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

(3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

(4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.

(5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed,—

(a) two months when the amount of the fine does not exceed five thousand rupees;

(b) four months when the amount of the fine does not exceed ten thousand rupees; and

(c) one year in any other case.

(6)

(a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;

(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration. A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §63 — Amount of fine, liability in default of payment of fine, etc
• IPC §64 — Amount of fine, liability in default of payment of fine, etc
• IPC §65 — Amount of fine, liability in default of payment of fine, etc
• IPC §66 — Amount of fine, liability in default of payment of fine, etc
• IPC §67 — Amount of fine, liability in default of payment of fine, etc
• IPC §68 — Amount of fine, liability in default of payment of fine, etc
• IPC §69 — Amount of fine, liability in default of payment of fine, etc
• IPC §70 — Amount of fine, liability in default of payment of fine, etc