Section 30 CrPC and Section 24 BNSS: Imprisonment in Default of Fine
Section 30 of the Code of Criminal Procedure, 1973 (CrPC) regulated the imprisonment that a Magistrate could order when a convicted person failed to pay a fine. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 24.
Section 30 CrPC - statutory provisions
Section 30(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 29;
(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.
Section 30(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 29.
Section 24 BNSS - corresponding current provision
Section 24 of the BNSS preserves the essential rules in Section 30 CrPC but refers to the Magistrate's sentencing powers under Section 23 BNSS instead of Section 29 CrPC.
Section 24(1). A Magistrate may impose imprisonment in default of payment of a fine only where authorised by law, subject to these conditions:
Clause (a): The default term must not exceed the Magistrate's powers under Section 23 BNSS.
Clause (b): Where substantive imprisonment is also imposed, the default term cannot exceed one-fourth of the imprisonment the Magistrate is competent to impose as punishment for that offence, excluding imprisonment in default of the fine.
Section 24(2). Default imprisonment may be ordered in addition to the maximum substantive imprisonment the Magistrate can impose under Section 23 BNSS.
Meaning of important legal terms
Imprisonment in default of fine
A conditional term of imprisonment specified in the sentence for failure to pay a fine. It is distinct from the principal or substantive punishment and is subject to the applicable penal law and statutory limits.
Substantive sentence
The principal imprisonment imposed as punishment for the offence, as distinguished from the additional term ordered in the event of non-payment of a fine.
One-fourth limitation
Where the Magistrate imposes substantive imprisonment, the default term is restricted by the one-fourth rule in Section 30(1)(b) CrPC or Section 24(1)(b) BNSS. The calculation depends on the Magistrate's competence to punish the particular offence, not automatically on the length of the sentence actually imposed.
How the limits operate
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Default imprisonment | Section 30 | Section 24 |
| Magistrate's sentencing powers | Section 29 | Section 23 |
| Where substantive imprisonment is imposed | One-fourth limit under Section 30(1)(b) | One-fourth limit under Section 24(1)(b) |
| Default term in addition to maximum substantive term | Permitted by Section 30(2), subject to law | Permitted by Section 24(2), subject to law |
Illustration
If a Magistrate is competent to impose imprisonment of up to two years as punishment for a particular offence and also awards substantive imprisonment and a fine, the one-fourth ceiling under the relevant provision would ordinarily be six months for the default term. Other limits in the applicable penal statute and the Magistrate's jurisdiction must also be considered.
Effect of payment and recovery of fine
Default imprisonment is not a substitute for examining the statutory rules on payment and recovery of fines. Under the Bharatiya Nyaya Sanhita, 2023, Section 8 addresses the amount of fine, liability in default, and the effect of payment or levy of the fine. The relevant provisions of the Indian Penal Code, 1860 may remain applicable to offences governed by the former law. Recovery of fines is also governed by the applicable criminal procedure provisions.
Practical application
- The sentence should specify the fine and the imprisonment, if any, to follow upon default of payment.
- The default term must be authorised by the law applicable to the offence.
- The Magistrate must remain within the jurisdictional limits prescribed by Section 29 CrPC or Section 23 BNSS, as applicable.
- Where substantive imprisonment is imposed, the one-fourth restriction must be checked.
- The applicable repeal, savings and special-law provisions must be considered before selecting the governing procedural law.
Official legal sources
Consult the India Code legislative database for the text of the Code of Criminal Procedure, 1973, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Nyaya Sanhita, 2023. The Ministry of Home Affairs new criminal laws page provides government publications, and the Bureau of Police Research and Development BNSS reference document discusses the corresponding provisions.
This article provides general legal information. The precise sentence depends on the applicable statute, offence, judicial powers and facts of the case.