If the original sentence was just a fine (no jail time), the default imprisonment for non-payment must also be 'light' or simple.

Courts read Section 66 to mean the default imprisonment's type (simple or rigorous) depends on what the offence's punishment section allows, not on what the actual sentence given was.

Section 66 creates a new punishment.

It only describes the *type* of imprisonment allowed for default of fine payment; other sections (like Section 64) govern when and for how long such default imprisonment can be imposed.

Indian Penal Code, 1860

Section 66

repealed

Description of imprisonment for non-payment of fine

The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence.§

Why this exists

The Indian Penal Code of 1860 created a graded system of punishments, including fines, and needed a mechanism to ensure fines were actually paid. Section 66 clarifies that when courts impose 'default imprisonment' (extra jail time for non-payment), they aren't limited to a lighter form of imprisonment — they can use whatever type of imprisonment the specific offence's punishment clause allows, ensuring the deterrent effect of the fine is not weakened.

Common misconceptions

Myth: If the original sentence was just a fine (no jail time), the default imprisonment for non-payment must also be 'light' or simple.
Fact: Courts read Section 66 to mean the default imprisonment's type (simple or rigorous) depends on what the offence's punishment section allows, not on what the actual sentence given was.
Myth: Section 66 creates a new punishment.
Fact: It only describes the *type* of imprisonment allowed for default of fine payment; other sections (like Section 64) govern when and for how long such default imprisonment can be imposed.