BNSS Section 464 — Suspension of execution of sentence of imprisonment

Summary

When a person is sentenced only to pay a fine, with a default prison term if they do not pay, and they do not pay immediately, the court can allow them to pay the fine in full within 30 days or in two or three installments, each due within 30 days of the previous one. The court can also suspend the prison sentence and release the person if they sign a bond promising to appear in court on the payment due dates. If the fine or any installment is not paid by the final due date, the court can order the prison sentence to be carried out immediately. This same rule applies when a court orders someone to pay money and failing to pay could lead to imprisonment, and the person does not pay right away; if that person refuses to sign the required bond, the court can immediately sentence them to prison.

Official Text

(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment. D.—General provisions regarding execution

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.7 p.979 — Supreme Court of India (2024)
• SC (2024) Vol.10 p.930 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.10 p.1448 — Supreme Court of India (2024)

Old <-> New Code Mapping

• CrPC §424 — Suspension of execution of sentence of imprisonment