Bharatiya Nyaya Sanhita, 2023 - Chapter II: Of Punishments
Section 8 BNS: Amount of Fine and Imprisonment in Default of Payment
Section 8 of the Bharatiya Nyaya Sanhita, 2023 deals with the amount of fine, imprisonment that may be ordered if a fine is not paid, default in community service, termination of default imprisonment after payment or lawful recovery, and the period within which an unpaid fine may be levied.
Bare Act Text of Section 8 BNS
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;
(6)(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. If seven hundred and fifty rupees of the fine is paid or levied before the expiration of one month of imprisonment, A will be discharged as soon as the first month has expired. If that amount is paid or levied at the expiration of the first month, or later while A remains imprisoned, A will be immediately discharged. If five hundred rupees is paid or levied before the expiration of two months, A will be discharged when the two months are completed; and if that amount is paid or levied at the expiration of two months, or later while A remains imprisoned, 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.
Meaning and Legal Effect of Section 8
1. Fine may be unlimited where the law specifies no maximum
Under Section 8(1), when the relevant offence does not prescribe an upper monetary limit for a fine, the court is not restricted by a stated maximum amount. However, the fine must not be excessive. The provision therefore preserves judicial discretion while expressly requiring proportionality in the amount imposed.
2. Court may order imprisonment if the fine is not paid
Section 8(2) authorises the sentencing court to specify a term of imprisonment that will apply in default of payment of a fine. This applies where an offence is punishable with imprisonment and fine, with imprisonment or fine, or with fine only, provided that a fine is actually imposed. Default imprisonment is additional to any substantive imprisonment otherwise imposed.
3. One-fourth ceiling where the offence carries imprisonment and fine
Section 8(3) places a statutory ceiling on default imprisonment when an offence is punishable with imprisonment as well as fine. The default term cannot exceed one-fourth of the maximum term of imprisonment fixed for that offence.
4. Default involving community service
Section 8 expressly addresses default of community service. Under Section 8(4), the nature of imprisonment for default may be of a description to which the offender could have been sentenced for the offence. Where the offence itself is punishable with fine or community service, Section 8(5) requires the default imprisonment to be simple imprisonment and sets maximum periods.
Maximum Default Imprisonment Under Section 8(5)
| Fine / situation | Maximum default imprisonment | Nature |
|---|---|---|
| Fine not exceeding Rs. 5,000 | Two months | Simple imprisonment |
| Fine exceeding Rs. 5,000 but not exceeding Rs. 10,000 | Four months | Simple imprisonment |
| Any other case covered by Section 8(5) | One year | Simple imprisonment |
Effect of Paying or Recovering the Fine
Section 8(6)(a) provides that imprisonment imposed only because of non-payment of a fine ends when the fine is paid or recovered through legal process. Section 8(6)(b) further provides for proportionate termination of imprisonment where part of the fine is paid or levied and the imprisonment already undergone corresponds to the unpaid balance.
Recovery Period for an Unpaid Fine
Under Section 8(7), an unpaid fine may generally be levied at any time within six years from the sentence. If the offender is liable under the sentence to imprisonment for a period longer than six years, recovery may continue until the expiry of that longer period. The offender's death does not release property that would otherwise be legally liable for the offender's debts.
Section 8 BNS in Brief
Related BNS Provisions
Section 8 should be read with the surrounding provisions in Chapter II, including Section 4 on punishments, Section 5 on commutation of sentence, Section 6 on fractions of terms of punishment, Section 7 on rigorous or simple imprisonment, and Section 9 on limits of punishment for offences made up of several offences.