Bharatiya Nagarik Suraksha Sanhita, 2023
Section 24
Sentence of imprisonment in default of fine
(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.
Why this exists
Fines are a common punishment, but courts need a way to enforce payment when someone refuses or fails to pay. Default imprisonment acts as that enforcement tool. However, since Magistrates have limited sentencing powers based on their rank, this provision (carried forward from Section 30 of the old CrPC) ensures that default jail time doesn't let a Magistrate exceed their real authority or turn a fine into a disguised, oversized prison sentence.
How courts read it
Under the identical predecessor provision (Section 30, CrPC 1973), courts consistently held that default sentences are meant only to compel payment of fines, not to punish further, and must strictly respect the one-fourth cap when combined with a substantive jail sentence. Courts have quashed default sentences that exceeded a Magistrate's competence or ignored the one-fourth rule.
Common misconceptions
- Myth: A Magistrate can add as much extra jail time as they want if someone can't pay a fine.
Fact: The law strictly caps default imprisonment — it can't exceed the Magistrate's normal sentencing power, and if jail time is also the main punishment, the default term can't exceed one-fourth of that jail term. - Myth: Default imprisonment for unpaid fines is a totally separate, unlimited punishment.
Fact: It is legally an enforcement tool to encourage fine payment, not an independent extra punishment without limits.