IPC 64→BNS 8(2)

IPC 64 to BNS 8(2): Sentence of imprisonment for non-payment of fine

Section 64 IPC (1860) replaced by Section 8(2) BNS (2023)

View IPC Section 64 →View BNS Section 8(2) →

IPC 64 to BNS 8(2) at a Glance

Section 64 IPC (Sentence of imprisonment for non-payment of fine) is now Section 8(2) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 64 to BNS 8(2)?

Section 8(2) BNS keeps the power and sets it out as two clauses, one for an offence punishable with imprisonment as well as fine and one for an offence punishable with imprisonment or fine, or with fine only. It also adds the word in before which imprisonment, so that the direction reads in which imprisonment shall be in excess of any other imprisonment. Section 8(2) BNS is the second part of Section 8 BNS, which also takes in Sections 63 and 65 to 70 IPC.

IPC 64 vs BNS 8(2): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section648(2)
OffenceSentence of imprisonment for non-payment of fineSame
PunishmentNone. Section 64 IPC creates no offence.None. Section 8(2) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 64 and BNS 8(2): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 64, IPC 1860

64. Sentence of imprisonment for non-payment of fine.—In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
BNS 2023 (in force)

Section 8(2), BNS 2023

(2) In every case of an offence— (a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment; (b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.

Ingredients: IPC 64 vs BNS 8(2)

Under IPC 64
  1. The offence is punishable with imprisonment as well as fine, with imprisonment or fine, or with fine only
  2. The offender is sentenced to a fine, whether with or without imprisonment
  3. The Court directs by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term
  4. That imprisonment is in excess of any other imprisonment already imposed or liable under a commutation of a sentence
Under BNS 8(2)
  1. The offence is punishable with imprisonment as well as fine, with imprisonment or fine, or with fine only
  2. The offender is sentenced to a fine, whether with or without imprisonment
  3. The Court directs by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term
  4. That imprisonment is in excess of any other imprisonment already imposed or liable under a commutation of a sentence

What IPC 64 to BNS 8(2) Means for Pending Cases

For Section 64 IPC (now Section 8(2) BNS): the Court keeps the same power. Under Section 8(2) BNS it still directs in the sentence what imprisonment follows if the fine is not paid, and that imprisonment still runs in excess of any other imprisonment. The limits on the term now sit in Section 8(3) BNS and Section 8(5) BNS.

FAQs: IPC 64 to BNS 8(2)

Does the BNS keep the power in Section 64 IPC?▼

Yes. Section 8(2) BNS keeps it, sets out the two kinds of offence as separate clauses and adds the word in before which imprisonment.

Where does Section 64 IPC sit in the BNS?▼

In Section 8(2) BNS, the second part of Section 8 BNS, which is headed Amount of fine, liability in default of payment of fine, etc.

Does Section 64 IPC or Section 8(2) BNS apply to an act done before 1 July 2024?▼

Section 64 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 64 IPC. Section 8(2) BNS governs acts done on or after 1 July 2024.

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: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·