IPC 67→BNS 8(5)

IPC 67 to BNS 8(5): Imprisonment for non-payment of fine, when offence punishable with fine only

Section 67 IPC (1860) replaced by Section 8(5) BNS (2023)

View IPC Section 67 →View BNS Section 8(5) →

IPC 67 to BNS 8(5) at a Glance

Section 67 IPC (Imprisonment for non-payment of fine, when offence punishable with fine only) is now Section 8(5) BNS, in force from 1 July 2024. What changed is set out below.

What Changed From IPC 67 to BNS 8(5)?

Section 8(5) BNS keeps the rule and changes it in three ways. It applies where the offence is punishable with fine or community service, and it covers default of community service as well as default of payment of the fine. It raises the amounts in the scale to five thousand rupees and ten thousand rupees, where the IPC says fifty rupees and one hundred rupees. And it raises the limit in any other case from six months to one year. It is the fifth of the numbered parts of Section 8 BNS, which also takes in Sections 63 to 66 and 68 to 70 IPC.

IPC 67 vs BNS 8(5): Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section678(5)
OffenceImprisonment for non-payment of fine, when offence punishable with fine onlySame
PunishmentNone. Section 67 IPC creates no offence.None. Section 8(5) BNS creates no offence.
FineNone.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame

IPC 67 and BNS 8(5): Bare Act Text Side by Side

IPC 1860 (repealed)

Section 67, IPC 1860

67. Imprisonment for non-payment of fine, when offence punishable with fine only.—If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.
BNS 2023 (in force)

Section 8(5), BNS 2023

(5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed,— (a) two months when the amount of the fine does not exceed five thousand rupees; (b) four months when the amount of the fine does not exceed ten thousand rupees; and (c) one year in any other case.

Ingredients: IPC 67 vs BNS 8(5)

Under IPC 67
  1. The offence is punishable with fine only
  2. The Court directs imprisonment in default of payment of the fine
  3. The imprisonment is simple
  4. The term does not exceed two months for a fine up to fifty rupees, four months for a fine up to one hundred rupees, or six months in any other case
Under BNS 8(5)
  1. The offence is punishable with fine or community service
  2. The Court imposes imprisonment in default of payment of the fine or in default of community service
  3. The imprisonment is simple
  4. The term does not exceed two months when the fine does not exceed five thousand rupees, four months when it does not exceed ten thousand rupees, and one year in any other case

What IPC 67 to BNS 8(5) Means for Pending Cases

For Section 67 IPC (now Section 8(5) BNS): the ceilings on default imprisonment are higher. Under Section 8(5) BNS a fine not above five thousand rupees carries a default term of up to two months, a fine not above ten thousand rupees up to four months, and a larger fine up to one year. The IPC allowed two months only up to fifty rupees, four months up to one hundred rupees and six months beyond. The rule also reaches default of community service.

FAQs: IPC 67 to BNS 8(5)

What changed when Section 67 IPC became Section 8(5) BNS?▼

Section 8(5) BNS raises the amounts in the scale to five thousand rupees and ten thousand rupees, makes one year the limit in any other case instead of six months, and adds default of community service.

Where does Section 67 IPC sit in the BNS?▼

In Section 8(5) BNS, the fifth part of Section 8 BNS, which is headed Amount of fine, liability in default of payment of fine, etc.

Does Section 67 IPC or Section 8(5) BNS apply to an act done before 1 July 2024?▼

Section 67 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 67 IPC. Section 8(5) 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 ·