Indian criminal law | Punishment and fines | Updated October 2026
IPC Section 65: Limit on Imprisonment for Non-Payment of Fine | BNS Section 8
Section 65 of the Indian Penal Code, 1860, limits the additional imprisonment a court may order when a fine is not paid and the offence is punishable with both imprisonment and fine. Its corresponding rule is now contained in Section 8 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What does IPC Section 65 provide?
The original text of Section 65 of the Indian Penal Code, 1860, is:
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.
In plain language, when the statute authorises imprisonment and a fine for an offence, a court cannot impose an unlimited additional prison term solely because the convicted person fails to pay the fine. The default term is restricted by reference to the statutory maximum imprisonment for the offence, not merely the substantive imprisonment actually awarded in that case.
Current law: Section 8 of the Bharatiya Nyaya Sanhita, 2023
The BNS came into force on 1 July 2024, replacing the IPC for offences governed by the new law, subject to applicable repeal-and-savings and transitional provisions. Section 8 of the BNS consolidates rules formerly spread across IPC Sections 63 to 70, dealing with fines and imprisonment in default of payment. The one-fourth limitation corresponding to IPC Section 65 is set out in BNS Section 8(3).
The operation of these provisions must be considered with the particular offence's punishment clause and applicable procedural law. A special statute may contain its own fine, default-sentence or recovery rules; those provisions must also be checked.
What is imprisonment in default of payment?
It is an additional term directed by the sentencing court to operate if the convicted person does not pay the fine. It is distinct from the main or substantive term of imprisonment for the offence. It should not be confused with a separate conviction or a court's power to impose a longer substantive sentence.
How is the one-fourth limit calculated?
For an offence punishable with imprisonment as well as fine, identify the maximum prison term provided by the applicable offence provision. Divide that maximum by four to find the outer ceiling for default imprisonment under the general rule. The court may order a shorter term, subject to other legal requirements.
| Maximum imprisonment for offence | One-fourth ceiling for default term |
|---|---|
| 1 year | 3 months |
| 2 years | 6 months |
| 4 years | 1 year |
| 8 years | 2 years |
Example: Suppose an offence carries a maximum imprisonment of four years and also permits a fine. If a court awards one year of substantive imprisonment and a fine, the general one-fourth ceiling on imprisonment for default in paying that fine is calculated using the four-year statutory maximum, giving a maximum default term of one year. It does not mean the court must impose that full default term.
These examples are mathematical illustrations, not recommendations for sentencing. Any special statutory restriction, judicial ruling, or other applicable legal rule may affect the outcome.
Related provisions and important distinctions
IPC Section 64 and BNS Section 8
IPC Section 64 addresses the court's power to direct imprisonment if a fine is not paid. Section 65 limits the duration of such default imprisonment in the specified category of offences. The corresponding BNS rules appear together in Section 8.
Offences punishable with fine only
The one-fourth formula in IPC Section 65 concerns offences punishable with imprisonment as well as fine. Different provisions govern default imprisonment where an offence is punishable with fine only; see IPC Section 67 and the relevant part of BNS Section 8.
Payment, partial payment and recovery
Payment of the fine may terminate default imprisonment, and proportional payment may shorten it, in accordance with the applicable statutory rules. See IPC Section 68 and IPC Section 69. Recovery of a fine is a separate issue; serving a default term does not necessarily extinguish liability to pay the fine.
Simple and rigorous imprisonment
The description of imprisonment imposed in default is governed by the relevant statutory provisions, including the rule formerly found in IPC Section 66. It is not decided by the one-fourth calculation alone.
Frequently asked questions
Does IPC Section 65 mean default imprisonment is always one-fourth of the maximum?
No. One-fourth is the maximum permitted under this general rule for the relevant offences. A court may prescribe a shorter term.
Is the calculation based on the sentence actually imposed?
No. The provision refers to the maximum term of imprisonment fixed by law for the offence, rather than the shorter substantive sentence the court may have awarded.
Can default imprisonment be added to substantive imprisonment?
Yes, where the court lawfully directs it. Default imprisonment is generally additional to the substantive term, but its duration and operation remain subject to statutory limitations.
Is IPC Section 65 still relevant after 1 July 2024?
Yes, for understanding the former IPC framework and proceedings governed by applicable savings or transitional rules. For offences under the BNS, the corresponding provision is Section 8(3).
Official legislation and references
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) - India Code, particularly Sections 8 and 358.
- India Code - official central legislation database (search for the Indian Penal Code, 1860, Section 65).
- Ministry of Home Affairs - criminal law implementation notifications and resources.
Legal information is provided for general understanding. The applicable offence provision, date of the alleged act, special laws and binding court decisions should be checked before relying on a particular sentencing calculation.