CrPC 424 to BNSS 464: Suspension of execution of sentence of imprisonment
Section 424 CrPC (1973) replaced by Section 464 BNSS (2023)
CrPC 424 to BNSS 464 at a Glance
Section 424 CrPC (Suspension of execution of sentence of imprisonment) is now Section 464 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 424 to BNSS 464?
From 1 July 2024, Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 424 of the Code of Criminal Procedure, 1973 under the same heading, Suspension of execution of sentence of imprisonment. Section 464(1)(b) BNSS reads a bond or bail bond, as the Court thinks fit where Section 424(1)(b) CrPC read a bond, with or without sureties, as the Court thinks fit.
CrPC 424 vs BNSS 464: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 424 | 464 |
| Heading | Suspension of execution of sentence of imprisonment | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 424 and BNSS 464: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 424, CrPC 1973
424. Suspension of execution of sentence of imprisonment.—(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
BNSS 2023 (in force)
Section 464, BNSS 2023
464. Suspension of execution of sentence of imprisonment.—(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
When It Applies: CrPC 424 vs BNSS 464
Under CrPC 424
- Under Section 424(1) CrPC, when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may act under Section 424(1)(a) CrPC or Section 424(1)(b) CrPC.
- The Court may under Section 424(1)(a) CrPC order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days.
- The Court may under Section 424(1)(b) CrPC suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made.
- If the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
- Under Section 424(2) CrPC, the provisions of Section 424(1) CrPC shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith. If the person against whom the order has been made, on being required to enter into a bond such as is referred to in Section 424(1) CrPC, fails to do so, the Court may at once pass sentence of imprisonment.
Under BNSS 464
- Under Section 464(1) BNSS, when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may act under Section 464(1)(a) BNSS or Section 464(1)(b) BNSS.
- The Court may under Section 464(1)(a) BNSS order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days.
- The Court may under Section 464(1)(b) BNSS suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made.
- If the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
- Under Section 464(2) BNSS, the provisions of Section 464(1) BNSS shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith. If the person against whom the order has been made, on being required to enter into a bond such as is referred to in Section 464(1) BNSS, fails to do so, the Court may at once pass sentence of imprisonment.
What CrPC 424 to BNSS 464 Means in Practice
Section 464 BNSS deals with the same subject as Section 424 CrPC: the order for payment of a fine in full or by instalments, the suspension of the execution of the sentence of imprisonment, and the release of the offender on a bond. The words with or without sureties appear in Section 424(1)(b) CrPC, and the words or bail bond appear in Section 464(1)(b) BNSS.
FAQs: CrPC 424 to BNSS 464
Which provision of the BNSS is Section 424 CrPC found in?▼
Section 424 of the Code of Criminal Procedure, 1973 is found in Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Both have the same heading, Suspension of execution of sentence of imprisonment.
Did Section 464 BNSS change the words on the bond for release of the offender?▼
Section 464(1)(b) BNSS reads on the execution by the offender of a bond or bail bond, as the Court thinks fit where Section 424(1)(b) CrPC read on the execution by the offender of a bond, with or without sureties, as the Court thinks fit. The words with or without sureties are not in Section 464(1)(b) BNSS.
Where are the provisions on payment by instalments and on a bond under Section 424(2) CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 424(1)(a) of the Code of Criminal Procedure, 1973 is found in Section 464(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for payment in full on or before a date not more than thirty days from the date of the order, or in two or three installments. Section 424(2) CrPC is found in Section 464(2) BNSS, which provides that the provisions of Section 464(1) BNSS shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded.
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: 22 Oct 2026 ·