CrPC 30→BNSS 24

CrPC 30 to BNSS 24: Sentence of imprisonment in default of fine

Section 30 CrPC (1973) replaced by Section 24 BNSS (2023)

View CrPC Section 30 →View BNSS Section 24 →

CrPC 30 to BNSS 24 at a Glance

Section 30 CrPC (Sentence of imprisonment in default of fine) is now Section 24 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 30 to BNSS 24?

Section 30 of the Code of Criminal Procedure, 1973 became Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 24(1) BNSS and Section 24(2) BNSS refer to Section 23 BNSS where Section 30 CrPC referred to Section 29 CrPC, and the rest of the text is the same.

CrPC 30 vs BNSS 24: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section3024
HeadingSentence of imprisonment in default of fineSame
Sub-sections2 sub-sectionsSame
Cross-referencess.29s.23

CrPC 30 and BNSS 24: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 30, CrPC 1973

30. Sentence of imprisonment in default of fine.—(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. (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.
BNSS 2023 (in force)

Section 24, BNSS 2023

24. Sentence of imprisonment in default of fine.—(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 23; (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. (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 23.

When It Applies: CrPC 30 vs BNSS 24

Under CrPC 30
  1. Under Section 30(1) of the Code of Criminal Procedure, 1973, the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law.
  2. Under the first clause of the proviso to Section 30(1) CrPC, the term in default of fine shall not be in excess of the powers of the Magistrate under Section 29 CrPC.
  3. Under the second clause of the proviso to Section 30(1) CrPC, where imprisonment has been awarded as part of the substantive sentence, the term in default of fine shall not 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.
  4. Under Section 30(2) CrPC, the imprisonment awarded under Section 30 CrPC may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 29 CrPC.
Under BNSS 24
  1. Under Section 24(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law.
  2. Under the first clause of the proviso to Section 24(1) BNSS, the term in default of fine shall not be in excess of the powers of the Magistrate under Section 23 BNSS.
  3. Under the second clause of the proviso to Section 24(1) BNSS, where imprisonment has been awarded as part of the substantive sentence, the term in default of fine shall not 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.
  4. Under Section 24(2) BNSS, the imprisonment awarded under Section 24 BNSS may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 23 BNSS.

What CrPC 30 to BNSS 24 Means in Practice

From 1 July 2024, the provision on imprisonment in default of fine awarded by the Court of a Magistrate is found in Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 30 of the Code of Criminal Procedure, 1973. The default term is measured against the powers of the Magistrate under Section 23 BNSS, and the one-fourth rule in the proviso to Section 24(1) BNSS has the same text as in Section 30(1) CrPC.

FAQs: CrPC 30 to BNSS 24

Where is Section 30 CrPC found from 1 July 2024?▼

From 1 July 2024, Section 30 of the Code of Criminal Procedure, 1973 is found in Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 30(1) CrPC maps to Section 24(1) BNSS, and Section 30(2) CrPC maps to Section 24(2) BNSS.

Why does Section 24 BNSS refer to Section 23 instead of Section 29?▼

Section 30(1) and Section 30(2) of the Code of Criminal Procedure, 1973 referred to Section 29 CrPC, which set out the sentences that Magistrates may pass. Section 29 CrPC is found in Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, so Section 24(1) BNSS and Section 24(2) BNSS refer to Section 23 BNSS.

Did the one-fourth limit on default imprisonment change between Section 30 CrPC and Section 24 BNSS?▼

No. The second clause of the proviso to Section 24(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 has the same text as the proviso to Section 30(1) of the Code of Criminal Procedure, 1973. Where imprisonment has been awarded as part of the substantive sentence, the term in default of fine shall not 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.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·