BNS - Bharatiya Nyaya Sanhita, 2023

Section 8 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Amount of fine, liability in default of payment of fine, etc.

  1. (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.
    Punishments.
    Commutation
    of sentence.
    Fractions of
    terms of
    punishment.
    Sentence may
    be (in certain
    cases of
    imprisonment)
    wholly or
    partly rigorous
    or simple.
    Amount of
    fine, liability
    in default of
    payment of
    fine, etc.

    (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.

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