BNSS Section 24 — Sentence of imprisonment in default of fine

Summary

A Magistrate can order a jail term if a fine is not paid, but only within the limits set by law. This default jail term cannot be longer than what the Magistrate is allowed to give under section 23, and if a main jail sentence has already been given, the default term cannot be more than one-fourth of the longest jail term the Magistrate could give for the offence. The default jail term can be added on top of the maximum main jail sentence the Magistrate is allowed to impose under section 23.

Official Text

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §30 — Sentence of imprisonment in default of fine