IPC 65→BNS 8(3)

IPC 65 to BNS 8(3): Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

Section 65 IPC (1860) replaced by Section 8(3) BNS (2023)

View IPC Section 65 →View BNS Section 8(3) →

IPC 65 to BNS 8(3) at a Glance

Section 65 IPC (Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable) is now Section 8(3) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 65 to BNS 8(3)?

Section 8(3) BNS keeps the limit in the same words. It is the third of the numbered parts of Section 8 BNS, which also takes in Sections 63, 64 and 66 to 70 IPC.

IPC 65 vs BNS 8(3): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section658(3)
OffenceLimit to imprisonment for non-payment of fine, when imprisonment and fine awardableSame
PunishmentNone. Section 65 IPC creates no offence.None. Section 8(3) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 65 and BNS 8(3): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 65, IPC 1860

65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.—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.
BNS 2023 (in force)

Section 8(3), BNS 2023

(3) 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.

Ingredients: IPC 65 vs BNS 8(3)

Under IPC 65
  1. The offence is punishable with imprisonment as well as fine
  2. The Court directs imprisonment in default of payment of a fine
  3. The offence has a maximum term of imprisonment fixed for it
  4. The term in default does not exceed one-fourth of that maximum
Under BNS 8(3)
  1. The offence is punishable with imprisonment as well as fine
  2. The Court directs imprisonment in default of payment of a fine
  3. The offence has a maximum term of imprisonment fixed for it
  4. The term in default does not exceed one-fourth of that maximum

What IPC 65 to BNS 8(3) Means for Pending Cases

For Section 65 IPC (now Section 8(3) BNS): the ceiling on default imprisonment does not move. Section 8(3) BNS keeps the limit at one-fourth of the maximum term fixed for the offence, so the arithmetic a Court does for an offence punishable with imprisonment as well as fine stays the same.

FAQs: IPC 65 to BNS 8(3)

Does the BNS keep the limit in Section 65 IPC?▼

Yes. Section 8(3) BNS says the same in the same words.

Where does Section 65 IPC sit in the BNS?▼

In Section 8(3) BNS, the third part of Section 8 BNS, which is headed Amount of fine, liability in default of payment of fine, etc.

Does Section 65 IPC or Section 8(3) BNS apply to an act done before 1 July 2024?▼

Section 65 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 65 IPC. Section 8(3) 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 ·