Indian criminal law | Punishment and fines
IPC Section 64: Imprisonment for Non-Payment of Fine and BNS Section 8
A court may direct imprisonment if a criminal fine is not paid, subject to statutory limits. This guide explains the former Indian Penal Code rule and the corresponding provisions of the Bharatiya Nyaya Sanhita, 2023.
Legal framework updated: 28 October 2026
What did IPC Section 64 provide?
Section 64 of the Indian Penal Code, 1860 was titled Sentence of imprisonment for non-payment of fine. It authorised a sentencing court, where a fine was imposed for an offence punishable by imprisonment and fine, imprisonment or fine, or fine alone, to direct that the offender undergo a specified period of imprisonment if the fine was not paid. Such default imprisonment was additional to any other term of imprisonment imposed or applicable on commutation.
In substance, when an offender was sentenced to a fine, the court could order imprisonment for a specified term in default of payment; the default term was in excess of other imprisonment to which the offender was sentenced or liable.
This is a faithful summary of the original rule. The original provision included categories of offences for which fines could be imposed, and the power to order imprisonment in default. It did not, by itself, authorise an unlimited default term: other IPC provisions prescribed limits.
Current law: Bharatiya Nyaya Sanhita, 2023
The Bharatiya Nyaya Sanhita, 2023 (BNS) came into force on 1 July 2024 (subject to the notified commencement arrangements). The corresponding subject is now addressed in Section 8, particularly subsection (2), under the heading Amount of fine, liability in default of payment of fine, etc.
Section 8 provides the framework for determining fines, imposing imprisonment in default of payment, setting limits on such imprisonment, and dealing with payment or recovery. It should be read alongside the penalty provision applicable to the particular offence and the procedural law governing execution of sentences.
Important: The IPC was repealed with savings for past liabilities, proceedings and other matters. For offences and proceedings connected with the period before commencement, the relevant savings and transitional provisions must be examined; the newer statute should not automatically be substituted into every older case.
How default imprisonment works
1. The court must impose a fine and specify the default term
Default imprisonment is not an independent punishment that automatically follows every unpaid fine. It arises where a competent court lawfully orders imprisonment in default of payment. The order should be read with the offence-specific sentencing provision.
2. The length of imprisonment is legally restricted
Where an offence is punishable with imprisonment as well as fine, statutory limits govern the additional default term. For fine-only offences, separate graded restrictions apply. The permitted term therefore depends on the nature of the offence, the sentence and the applicable subsection of BNS Section 8; a court cannot impose an arbitrary duration.
3. Default imprisonment is additional to the substantive sentence
If a person receives a substantive custodial sentence and a fine, the default term ordinarily operates in addition to the substantive imprisonment when the fine remains unpaid, as directed by the court and subject to law.
4. Payment affects the default term
The statutory scheme provides for termination of default imprisonment on payment of the fine and for proportional treatment when part of the fine is paid. The precise result must be calculated under the applicable statutory rule and the court's order.
5. A fine may remain recoverable
Serving imprisonment in default does not necessarily extinguish the legal liability for the fine. Recovery is governed by the relevant substantive and procedural provisions, including the rules on recovery of fines under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Practical illustrations
Fine together with imprisonment
A court sentences an offender to a substantive term of imprisonment and imposes a fine. It may also direct a legally permissible additional term in default of payment. The default term becomes relevant if the fine remains unpaid.
Offence punishable with fine only
Where the law permits a fine but no substantive imprisonment for the offence, the court must follow the special statutory restrictions applicable to default imprisonment. It cannot simply apply the same default period used for an offence punishable with imprisonment.
Fine paid after default imprisonment begins
Where the fine is paid during the default term, the statutory provisions governing termination of that imprisonment apply. Part payment may require a proportional calculation.
Related IPC provisions and their modern treatment
| Earlier IPC section | Subject | Current framework |
|---|---|---|
| 63 | Amount of fine | BNS Section 8 |
| 64 | Imprisonment for non-payment of fine | BNS Section 8 |
| 65-67 | Limits and description of default imprisonment | BNS Section 8 |
| 68-69 | Payment and proportional termination | BNS Section 8 |
| 70 | Recovery of fine and related liability | BNS Section 8 and applicable BNSS procedure |
The BNS consolidates several formerly separate IPC provisions into Section 8. Always check the precise subsection and the law governing the offence and date of conduct.
Frequently asked questions
Does an unpaid criminal fine always lead to imprisonment?
No. Imprisonment in default depends on a lawful sentencing direction and the applicable statutory conditions.
Is default imprisonment the same as the main jail sentence?
No. Default imprisonment is linked to non-payment of the fine and can be additional to the substantive sentence.
Can the default prison term be unlimited?
No. Statutory limits apply, including separate rules for offences punishable with fine alone.
Does payment of the fine end default imprisonment?
The statutory scheme provides for termination upon payment and proportionate adjustment for part payment, subject to the applicable provisions.
Which law applies to offences committed before 1 July 2024?
The answer depends on the offence date, savings provisions, and the procedural posture of the case. The IPC and the relevant transitional rules may continue to matter.
Official legislation and further reading
- Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (see Section 8 and repeal and savings).
- India Code - official central legislation repository (search the Indian Penal Code, 1860, and Bharatiya Nagarik Suraksha Sanhita, 2023).
- Ministry of Home Affairs (commencement notifications and new criminal laws).
This article provides general legal information, not advice on a specific sentence. Consult the current statutory text, sentencing order and applicable judicial decisions before taking action.