Criminal procedure in India | Updated 18 October 2026

Section 424 CrPC and Section 464 BNSS: Suspension of Execution of Imprisonment

A court may defer imprisonment imposed for default in paying a fine, permit payment in instalments and release the offender on a bond or bail bond, subject to statutory conditions. The current provision is Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS); its predecessor is Section 424 of the Code of Criminal Procedure, 1973 (CrPC).

Current legal position: The BNSS took effect on 1 July 2024. Section 464 governs qualifying cases under the new procedure, subject to the repeal and savings rules in Section 531 BNSS for earlier proceedings. This is not a general power to suspend every sentence of imprisonment.

Section 464 BNSS, 2023 - Suspension of execution of sentence of imprisonment

Section 464(1): Where an offender has been sentenced to a fine only, with imprisonment in default of payment, and the fine is not paid immediately, the sentencing court may take the following steps:

Clause (a) - Time to pay: The court may permit payment of the entire fine within a date not more than 30 days from its order, or payment in two or three instalments. The first instalment must fall due within 30 days, and the interval between later instalments must not exceed 30 days.

Clause (b) - Suspension and release: The court may suspend execution of default imprisonment and release the offender on execution of a bond or bail bond, as the court considers appropriate, requiring appearance on the payment dates. If the fine or an instalment is not recovered by the latest payment date, the court may order immediate execution of the imprisonment sentence.

Section 464(2): The same procedure also applies to an order for payment of money where imprisonment may follow non-recovery and the money is not paid immediately. If the person refuses or fails to execute the required bond, the court may immediately impose imprisonment.

Section 424 CrPC, 1973 - Earlier provision

The former Section 424 provided the same essential mechanism for fine-default imprisonment. It allowed the sentencing court to fix a payment date within 30 days, or two or three instalments at intervals not exceeding 30 days, and to suspend imprisonment while the offender was released upon executing a bond, with or without sureties, conditioned on appearance on the due dates.

If the fine or any instalment remained unpaid by the final due date, the court could direct immediate execution of the default-imprisonment sentence. Subsection (2) extended the procedure to other monetary orders for which non-recovery could result in imprisonment and permitted imprisonment if the required bond was not executed.

The corresponding BNSS wording expressly uses "bond or bail bond". Earlier CrPC cases and pending proceedings must be assessed with the applicable savings provisions.

When can default imprisonment be suspended?

Qualifying sentence: The offender has been sentenced to a fine only, together with imprisonment if the fine is not paid, or is subject to a qualifying money-payment order under subsection (2).
Fine not paid immediately: The court has discretion to allow time for payment rather than enforce default imprisonment forthwith.
Payment schedule: Full payment may be allowed within 30 days; alternatively, two or three instalments may be ordered within the statutory intervals.
Appearance undertaking: Release during suspension is conditional on the bond or bail bond required by the court.
Non-compliance: Failure to pay by the latest date can result in immediate execution of default imprisonment. Refusal to execute a required bond in a subsection (2) case may also lead to immediate imprisonment.

Meaning of important legal terms

Default imprisonment means imprisonment specified as the consequence of failing to pay a fine; it is distinct from a substantive prison sentence imposed for an offence. Instalment means a portion of the amount payable on a specified date. A bond or bail bond is an undertaking used by the court to secure the person's appearance, subject to the relevant statutory requirements.

Illustrative example

Suppose a court imposes a fine of Rs. 9,000, with imprisonment in default. If the offender cannot pay immediately, the court may, in its discretion, allow three instalments of Rs. 3,000 each, with the first due within 30 days and later instalments separated by no more than 30 days. Release while the default sentence is suspended may depend on executing the required bond or bail bond. This is only an illustration, not an automatic entitlement to instalments.

Frequently asked questions

What is the corresponding BNSS section for Section 424 CrPC?

Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can a court allow payment of a fine in instalments?

Yes. In a qualifying case, the court may permit two or three instalments. The first must be due within 30 days of the order, and subsequent intervals cannot exceed 30 days.

Is release automatic when the fine cannot be paid?

No. Suspension of default imprisonment and release are discretionary and may be subject to execution of a bond or bail bond and compliance with court-ordered payment dates.

What happens if an instalment is missed?

If the fine or any instalment is not realised by the latest date fixed for payment, the court may direct immediate execution of the default-imprisonment sentence.

Does this section suspend an ordinary prison sentence?

No. Section 464 addresses fine-default imprisonment and certain qualifying orders for payment of money, not general suspension of a substantive imprisonment sentence.

Official statutory sources

This article provides general legal information. The governing law, case status, court order and any applicable amendments should be checked for the individual matter.