Bharatiya Nyaya Sanhita, 2023
Section 8
Amount of fine, liability in default of payment of fine, etc
(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.
Why this exists
Fines are one of the oldest and simplest forms of punishment, but they only work as deterrents if there's a real consequence for refusing or failing to pay. Colonial-era criminal law (the Indian Penal Code, 1860) built in a 'default sentence' mechanism so courts wouldn't be powerless against someone who simply ignored a fine. Over time, safeguards were added — caps on default jail time, proportional release for partial payment, and time limits on state collection — to prevent fines from becoming a backdoor to indefinite or excessive imprisonment, especially for the poor. Bharatiya Nyaya Sanhita, 2023 carries forward this structure (largely mirroring Section 64 of the old IPC) while modernising it to also account for 'community service' as an alternative sentence.
How courts read it
Indian courts have long held that default imprisonment is not a substitute punishment but a coercive tool to ensure fine payment, and that courts must apply their mind before fixing default terms rather than imposing them mechanically. The Supreme Court has repeatedly cautioned magistrates against imposing harsh or disproportionate default sentences on indigent persons who genuinely cannot pay, sometimes directing installment payments instead. Cases interpreting the equivalent IPC provision (Section 64) have also clarified that default sentences cannot be clubbed to exceed the outer limits set by law, and that partial payment must proportionately reduce jail time, as illustrated in the section itself.
Common misconceptions
- Myth: Default imprisonment is an alternative punishment the offender can simply choose instead of paying the fine.
Fact: It's meant to be a consequence for non-payment, not a free choice — courts and later interpretations treat it as coercive, not substitutive, punishment. - Myth: Once a default jail term is fixed, paying part of the fine later makes no difference.
Fact: The law explicitly requires proportional reduction in jail time for partial payment, as shown in the illustration. - Myth: A fine that goes unpaid disappears if the offender dies.
Fact: The section says the fine can still be recovered from the deceased's legally liable property/estate.