IPC Section 65 — Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

Summary

If an offence is punishable by both imprisonment and a fine, and the court orders imprisonment because the fine is not paid, that additional imprisonment cannot be longer than one-fourth of the maximum prison term set for that offence.

Official Text

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.

Related Judgments

• CHHAJULAL v. THE STATE OF RAJASTHAN M — Supreme Court of India (1972)
• SHANTI LAL v. STATE — Supreme Court of India (2007)
• ...Appellant/accused vs The Investigation Officer — Madras High Court (2012)
• S.C.R. 962 KUMARAN v. STATE OF KERALA & ANR — Supreme Court of India (2017)
• S.C.R. 276 STATE OF HARYANA v. SHAKUNTLA AND ORS — Supreme Court of India (2012)
• S.C.R. 701 GAJRAJ v. STATE — Supreme Court of India (2011)
• S.C.R. 743 743 MANOJ PRATAP SINGH v. THE STATE OF RAJASTHAN — Supreme Court of India (2022)
• 3 KALIAMMAL, vs STATE REP. BY, [ RESPONDENT ] — Madras High Court (2017)

Old <-> New Code Mapping

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