IPC Section 67 and BNS Section 8(5): Imprisonment for Non-Payment of Fine
Section 67 of the Indian Penal Code, 1860 (IPC) prescribed the maximum period of simple imprisonment that a court could order when an offence was punishable with a fine only and the fine was not paid. Since 1 July 2024, the corresponding rule for offences governed by the Bharatiya Nyaya Sanhita, 2023 (BNS) is principally contained in Section 8(5), with related rules in Section 8(2) and Section 8(6).
What did IPC Section 67 provide?
For an offence punishable with a fine only, imprisonment ordered in default of payment had to be simple imprisonment. Its maximum duration depended on the amount of the fine:
| Fine imposed under IPC Section 67 | Maximum default imprisonment |
|---|---|
| Up to Rs. 50 | 2 months |
| Above Rs. 50 and up to Rs. 100 | 4 months |
| Above Rs. 100 | 6 months |
These were statutory ceilings, not mandatory imprisonment periods. The court had to specify the default term in its sentence, subject to applicable law.
Current law: BNS Section 8(5)
Section 8(5) of the Bharatiya Nyaya Sanhita addresses offences punishable with a fine or community service. Where the court orders imprisonment in default of payment of a fine or in default of community service, that imprisonment must be simple and must not exceed the statutory limits.
| Fine imposed under BNS Section 8(5) | Maximum default imprisonment |
|---|---|
| Up to Rs. 5,000 | 2 months |
| Above Rs. 5,000 and up to Rs. 10,000 | 4 months |
| Above Rs. 10,000 | 1 year |
Section 8(5) also addresses default of community service. The monetary brackets above concern fines; they should not be treated as monetary thresholds for community service.
Meaning of key legal terms
Simple imprisonment
A form of imprisonment distinguished from rigorous imprisonment. Under the fine-only default rule, the court cannot substitute rigorous imprisonment for the simple imprisonment prescribed by Section 8(5).
Imprisonment in default of fine
An imprisonment term directed by the sentencing court to take effect if the fine is not paid. Section 8(2) authorises such a direction in the categories of offences it specifies. Default imprisonment is distinct from any substantive imprisonment imposed for the offence.
Maximum term
The upper limit the court may impose for the relevant fine bracket; it does not mean the maximum must be ordered in every case.
What happens if the fine is paid later?
Under BNS Section 8(6)(a), default imprisonment ends when the fine is paid or recovered through legal process. Section 8(6)(b) provides for termination when a sufficient proportion of the fine has been paid or recovered relative to the imprisonment already undergone. The court and prison authorities must apply the statutory proportionality rule to the actual sentence and payments.
Section 8(7) separately regulates the period during which an unpaid fine may be recovered. Payment, recovery, and execution of sentences may also involve the procedural provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Practical examples
Example 1: For a BNS offence punishable with fine only, if a court imposes a fine of Rs. 4,000, the default imprisonment ordered under Section 8(5) cannot exceed two months.
Example 2: If the fine is Rs. 8,000, the applicable ceiling is four months of simple imprisonment.
Example 3: If the fine is Rs. 15,000, the applicable ceiling is one year of simple imprisonment. In each example, the court may direct a shorter term, and payment or recovery can terminate the default imprisonment in accordance with Section 8(6).
Related statutory provisions
BNS Section 8(1) deals with the amount of a fine where no statutory maximum is specified. Section 8(2) empowers the court to impose default imprisonment in specified cases. Section 8(3) limits default imprisonment for offences punishable with imprisonment as well as fine. Section 8(4) concerns the description of imprisonment, while Sections 8(5) to 8(7) cover fine-only or community-service defaults, termination upon payment, and recovery of fines.
Under BNSS Section 464, in specified fine-only sentence cases, the court may allow payment within a prescribed period or by instalments and suspend execution of default imprisonment subject to statutory conditions.
Official legislation and reference links
Bharatiya Nyaya Sanhita, 2023 — official India Code PDF
Bharatiya Nyaya Sanhita, 2023 — India Code Act record
This article is general legal information. The applicable statute, date of offence, sentencing order, and any special-law provisions should be checked in individual cases.