Section 8 BNS: Amount of fine, liability in default of payment of fine, etc
Bharatiya Nyaya Sanhita, 2023
Section 8 BNS at a Glance
Section 8 BNS deals with amount of fine, liability in default of payment of fine, etc. It replaced Sections 68, 69, 63, 64, 65, 67 and 70 IPC on 1 July 2024.
None. Section 8(6)(a) BNS creates no offence.
Section 8 BNS Bare Act Text
(6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration.A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
(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.
(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.
(4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.
(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.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
Source: Section 8, Bharatiya Nyaya Sanhita, 2023
Section 8 BNS in the IPC (Previous Law)
FAQs on Section 8 BNS
Under Section 8(6)(a) BNS, does paying the fine automatically end jail time?▼
Paying or recovering the fine automatically ends the imprisonment that was imposed in default of payment of that fine. However, it does not end any substantive term of imprisonment that was awarded as the main punishment for the offence.
Is Section 8(6)(a) BNS a separate criminal offence?▼
No. This section does not create an offence or punishment by itself. It only explains that imprisonment imposed in default of payment of a fine terminates when the fine is paid or levied by process of law.
Under Section 8(6)(a) BNS, can someone else pay the fine on behalf of the convict?▼
Yes, in practice a fine can often be deposited by a family member or another person on behalf of the convict, subject to court procedure. Once the fine is paid, the default imprisonment terminates.
Why is Section 8(6)(a) BNS useful in real cases?▼
It helps in sentence execution and release matters. Once the fine is paid or recovered by law, the convict is entitled to immediate termination of the remaining default imprisonment.
Does Section 8(6)(b) BNS create a criminal offence?▼
No, it does not create any offence. It only explains how default imprisonment ends when a proportional part of the fine ordered by the court is paid or levied. Think of it as a rule for carrying out the sentence, not for deciding guilt.
Under Section 8(6)(b) BNS, can a convict leave jail just by paying the fine?▼
If the person is serving imprisonment in default of payment of a fine, paying the fine or a proportional part of it terminates the default imprisonment once the jail time suffered is at least proportional to the unpaid balance. It does not end a substantive sentence of imprisonment for the offence itself.
What does proportional payment mean under Section 8(6)(b) BNS?▼
It means that if a part of the fine is paid or recovered before the default term expires, the default imprisonment terminates as soon as the time already served in default is at least proportional to the part of the fine still unpaid.
Is Section 8(6)(b) BNS still relevant under the new criminal law?▼
Yes. This rule appears in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 8(6)(b) BNS, with updated rupee amounts in its illustration.
What does Section 8(1) BNS say when an offence does not mention a maximum fine?▼
Under Section 8(1) BNS, where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited. However, the section explicitly requires that the fine shall not be excessive.
Can a court impose any amount of fine it wants under Section 8(1) BNS?▼
No, the court's power is not without a check. While Section 8(1) BNS states that the amount of fine is unlimited when no maximum sum is expressed, it also states that the fine shall not be excessive.
Does Section 8(1) BNS apply if the offence section fixes an upper limit on the fine?▼
No. Section 8(1) BNS applies only where no sum is expressed to which a fine may extend. If the offence provision states a maximum sum for the fine, the court must stay within that expressed limit.
Does Section 8(1) BNS create a separate criminal offence?▼
No. Section 8(1) BNS does not create an offence or prescribe a separate punishment of its own. It sets the general rule on the amount of fine where an offence makes an offender liable to fine without expressing a maximum sum.
Under Section 8(2) BNS, can a person be sent to jail if a court fine is not paid?▼
Yes. Under Section 8(2) BNS, when an offender is sentenced to a fine, the sentencing Court is competent to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term. This is not a separate offence, but a direction in the sentence for non-payment of the fine.
Under Section 8(2) BNS, does default imprisonment run alongside the main imprisonment sentence?▼
No. Section 8(2) BNS states that the imprisonment ordered in default of payment of a fine shall be in excess of any other imprisonment to which the offender may have been sentenced. It is also in excess of any imprisonment to which the offender may be liable under a commutation of a sentence.
Which offences are covered by Section 8(2) BNS?▼
Section 8(2) BNS covers offences punishable with imprisonment as well as fine, where the offender is sentenced to a fine with or without imprisonment. It also covers offences punishable with imprisonment or fine, or with fine only, where the offender is sentenced to a fine.
Does Section 8(2) BNS apply if no fine was ordered in the sentence?▼
No. Section 8(2) BNS applies only where the offender is sentenced to a fine, whether with or without imprisonment. Without a sentence of fine, there is no default of payment for the Court to direct imprisonment against.
Does Section 8(3) BNS create a separate offence?▼
No, it does not create a separate offence. It is a sentencing rule that limits how much jail time can be ordered if a fine is not paid. Courts use it while passing sentence, not while deciding guilt.
Under Section 8(3) BNS, can default imprisonment be equal to the full sentence for the offence?▼
No, not under this rule. If the offence carries imprisonment and fine, the default imprisonment for non-payment of fine cannot go beyond one-fourth of the maximum imprisonment fixed for that offence. The court must stay within that limit.
Why is Section 8(3) BNS useful in criminal cases?▼
It protects against excessive punishment. A person who cannot pay a fine should not face a default jail term that is disproportionate to the offence itself. This section keeps sentencing within statutory bounds.
Does Section 8(3) BNS apply in every case where a fine is imposed?▼
No. It applies only where the offence is punishable with both imprisonment and fine. If the law provides only a fine, or if the sentencing structure is different, this rule will not operate in the same way.
What does Section 8(4) of the Bharatiya Nyaya Sanhita say about jail if I do not pay a fine?▼
It says the court can impose imprisonment in default of payment of a fine or in default of community service. That default imprisonment may be of any description that the offender could have been sentenced to for that offence. The exact term depends on the offence and the rest of Section 8.
Under Section 8(4) BNS, can a court send me to jail if I do not complete community service?▼
Yes, Section 8(4) says the court may impose imprisonment in default of community service. The type of imprisonment can be any description to which the offender might have been sentenced for the offence. If the offence is punishable with fine or community service, Section 8(5) says the default imprisonment shall be simple.
Under Section 8(4) BNS, how long can default imprisonment for non-payment of fine last?▼
It depends on the offence and the amount of fine. For offences punishable with imprisonment as well as fine, Section 8(3) says the default term cannot exceed one-fourth of the maximum imprisonment fixed for the offence. For offences punishable with fine or community service, Section 8(5) gives limits up to two months, four months, or one year depending on the amount.
Under Section 8(4) BNS, if I pay the fine later, will the jail term for default stop?▼
Yes, Section 8(6) says imprisonment in default of payment of fine ends whenever the fine is paid or recovered by legal process. It also says if enough of the fine is paid or recovered so that the jail already undergone is proportionate to the unpaid part, the imprisonment must stop. The illustration in the section explains how this works in practice.
What does Section 8(5) BNS say about not paying a fine or failing to do community service?▼
Section 8(5) BNS states that if an offence is punishable with fine or community service, the imprisonment imposed by the Court in default of payment of the fine or in default of community service shall be simple. The term of that default imprisonment cannot exceed the graded limits fixed in the sub-section.
How much jail can be given if I do not pay a court fine under Section 8(5) BNS?▼
Under Section 8(5) BNS, the default imprisonment cannot exceed two months when the amount of the fine does not exceed five thousand rupees, four months when the amount of the fine does not exceed ten thousand rupees, and one year in any other case. This imprisonment must be simple imprisonment where the offence is punishable with fine or community service.
Can a court order rigorous imprisonment for default under Section 8(5) BNS?▼
No. Section 8(5) BNS expressly provides that when an offence is punishable with fine or community service, the imprisonment imposed by the Court in default of payment of the fine or in default of community service shall be simple. Rigorous imprisonment cannot be ordered under this sub-section.
Does Section 8(5) BNS apply when an offence is punishable with imprisonment as well as fine?▼
No. Section 8(5) BNS applies where the offence is punishable with fine or community service. Offences punishable with imprisonment as well as fine are governed by the one-fourth limit in Section 8(3) BNS.
Under Section 8(7) BNS, can an unpaid fine be recovered after the offender has died?▼
Yes. Under Section 8(7) BNS, the death of the offender does not discharge from liability any property which would, after his death, be legally liable for his debts. The unpaid fine can still be levied from that property within the statutory time limit.
Is there a time limit for levying an unpaid fine under Section 8(7) BNS?▼
Yes. Section 8(7) BNS provides that the fine, or any unpaid part of it, may be levied at any time within six years after the passing of the sentence. If, under the sentence, the offender is liable to imprisonment for a longer period than six years, it may be levied at any time before the expiration of that period.
Does Section 8(7) BNS create a new offence?▼
No. Section 8(7) BNS does not create any offence or prescribe a separate punishment. It only sets the rules on when an unpaid fine may be levied and what property remains liable if the offender dies.
What happens under Section 8(7) BNS if the fine was only partly paid?▼
Section 8(7) BNS applies to the fine or any part of it which remains unpaid. Partial payment does not cancel the remaining balance, which may still be levied within six years of the sentence or before the expiry of a sentence of imprisonment longer than six years.
Section 8 BNS: Sub-sections Explained
Section 8(6)(a) BNS: Imprisonment to terminate on payment of fine
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Bare Act Text
(6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
Explained in Simple Words
Section 8(6)(a) of the Bharatiya Nyaya Sanhita (BNS) deals with a simple but important rule. The imprisonment imposed in default of payment of a fine shall terminate whenever that fine is either paid in full or levied by process of law.
This section applies only to the imprisonment ordered for non-payment of a fine, not to a substantive jail sentence imposed for the offence itself. It matters most when the fine is paid or recovered after the default sentence has started. The practical effect is that full payment or recovery immediately ends the remaining default imprisonment.
In day-to-day practice, this provision is useful during sentence execution. Once the fine is deposited or recovered through legal process, the convict cannot be kept in custody any longer for the default. It is a sentencing rule, not a separate offence.
Key Ingredients
- The offender is in imprisonment imposed in default of payment of a fine
- The fine is paid or is levied by process of law
- The imprisonment terminates whenever that happens
Punishment
🔒 None. Section 8(6)(a) BNS creates no offence.
💰 None.
Section 8(6)(a) BNS is a rule on when default imprisonment ends. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The fine has been neither paid nor levied by process of law
- Only a part of the fine has been paid or levied, which Section 8(6)(b) BNS deals with
- The imprisonment is the punishment for the offence itself
Previous Law
IPC 68 → Section 8(6)(a) BNS
Section 8(6)(a) BNS keeps the rule in the same words. It is the first of the two lettered clauses of Section 8(6) BNS, the second of which takes in Section 69 IPC. Section 8(6)(a) BNS as a whole also takes in Sections 63 to 67 and 70 IPC.
Section 8(6)(b) BNS: Termination of imprisonment on payment of proportional part of fine
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Bare Act Text
(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Illustration.A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
Explained in Simple Words
Section 8(6)(b) of the Bharatiya Nyaya Sanhita (BNS) deals with what happens when part of a fine is paid or recovered while an offender is serving imprisonment in default of payment. If, before the default term expires, such a proportion of the fine is paid or levied that the default imprisonment already suffered is not less than proportional to the part of the fine still unpaid, the default imprisonment shall terminate.
This provision does not create a separate offence. It applies only to imprisonment imposed in default of payment of a fine, not to a substantive jail term for the offence itself. In practice, it gives a convict a lawful way to reduce or end default custody by satisfying a proportional part of the fine.
It is a sentencing rule for carrying out the default sentence, not a rule about guilt or innocence.
Key Ingredients
- The offender is imprisoned in default of payment of a fine
- Before the term expires, a proportion of the fine is paid or levied
- The term already suffered in default is not less than proportional to the part of the fine still unpaid
- The imprisonment then terminates
Punishment
🔒 None. Section 8(6)(b) BNS creates no offence.
💰 None.
Section 8(6)(b) BNS is a rule on part payment of a fine. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The whole fine is paid or levied, which Section 8(6)(a) BNS deals with
- The term already suffered is less than proportional to the part of the fine still unpaid
- The imprisonment is the punishment for the offence itself
Previous Law
IPC 69 → Section 8(6)(b) BNS
Section 8(6)(b) BNS keeps the rule in the same words. It changes the sums in the Illustration, which now has A sentenced to a fine of one thousand rupees, with part payments of seven hundred and fifty rupees and five hundred rupees, where the IPC has one hundred rupees, seventy-five rupees and fifty rupees. It is the second of the two lettered clauses of Section 8(6) BNS, within Section 8(6)(b) BNS.
Section 8(1) BNS: Amount of fine
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Bare Act Text
(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
Explained in Simple Words
Section 8(1) of the Bharatiya Nyaya Sanhita (BNS) sets out the general rule on the amount of fine a court can impose when the offence provision does not state a maximum sum. In such cases, the amount of fine to which the offender is liable is unlimited, but it must not be excessive.
This rule applies whenever a section of the BNS makes an offender liable to a fine without specifying an upper rupee limit. It gives the court flexibility to fix a fine that fits the gravity of the offence and the circumstances of the case, while placing a clear legal check against unreasonable or oppressive amounts.
In practice, this provision matters at the sentencing stage for offences where the law leaves the fine open-ended. It ensures that while courts have wide discretion to impose a meaningful monetary penalty, the fine cannot cross the line into being excessive.
Key Ingredients
- No sum is expressed to which a fine may extend
- The offender is liable to a fine
- The amount of the fine is unlimited
- The amount shall not be excessive
Punishment
🔒 None. Section 8(1) BNS creates no offence.
💰 None.
Section 8(1) BNS is a general rule on fines. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- A fine for which the offence section expresses the sum it may extend to
- An excessive fine, which the section does not allow
Previous Law
IPC 63 → Section 8(1) BNS
Section 8(1) BNS keeps the rule in the same words. It is the first of the numbered parts of Section 8(1) BNS, which also takes in Sections 64 to 70 IPC.
Section 8(2) BNS: Sentence of imprisonment for non-payment of fine
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Bare Act Text
(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.
Explained in Simple Words
Section 8(2) of the Bharatiya Nyaya Sanhita (BNS) empowers a sentencing Court to direct imprisonment in default of payment of a fine. It creates no separate offence and prescribes no standalone punishment of its own, operating instead as a sentencing power whenever an offender is sentenced to a fine.
Under clauses (a) and (b), this power applies 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. In all such cases, the Court which sentences the offender is competent to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term.
A crucial rule in Section 8(2) BNS is that this default imprisonment shall be in excess of any other imprisonment to which the offender may have been sentenced, or to which he may be liable under a commutation of a sentence.
Key Ingredients
- The offence is punishable with imprisonment as well as fine, with imprisonment or fine, or with fine only
- The offender is sentenced to a fine, whether with or without imprisonment
- The Court directs by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term
- That imprisonment is in excess of any other imprisonment already imposed or liable under a commutation of a sentence
Punishment
🔒 None. Section 8(2) BNS creates no offence.
💰 None.
Section 8(2) BNS is a power to direct imprisonment in default of a fine. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The offender is not sentenced to a fine
- The sentence gives no direction about imprisonment in default of payment of the fine
- The imprisonment in question is the punishment for the offence itself
Previous Law
IPC 64 → Section 8(2) BNS
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(2) BNS, which also takes in Sections 63 and 65 to 70 IPC.
Section 8(3) BNS: Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
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Bare Act Text
(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.
Explained in Simple Words
Section 8(3) of the Bharatiya Nyaya Sanhita (BNS) deals with a very specific sentencing rule. It says that when an offence is punishable with imprisonment and fine, and the court also orders a fine, the term of imprisonment imposed for non-payment of that fine cannot be more than one-fourth of the maximum imprisonment the offence allows. In simple terms, the court cannot use default imprisonment as a backdoor to impose a heavier jail term than the law permits.
This provision applies only where both imprisonment and fine are legally awardable for the offence. It matters at the sentencing stage, especially when a court is fixing default imprisonment for failure to pay fine. The idea is fairness.
A person should not end up serving an excessive jail term merely because the fine was not paid. For lawyers and accused persons, this section is useful because it puts a clear cap on default imprisonment and prevents sentencing from becoming harsher than the statute allows.
Key Ingredients
- The offence is punishable with imprisonment as well as fine
- The Court directs imprisonment in default of payment of a fine
- The offence has a maximum term of imprisonment fixed for it
- The term in default does not exceed one-fourth of that maximum
Punishment
🔒 None. Section 8(3) BNS creates no offence.
💰 None.
Section 8(3) BNS is a limit on default imprisonment. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The offence is punishable with fine or community service, where Section 8(5) BNS sets the limit
- The Court directs no imprisonment in default of payment of the fine
Previous Law
IPC 65 → Section 8(3) BNS
Section 8(3) BNS keeps the limit in the same words. It is the third of the numbered parts of Section 8(3) BNS, which also takes in Sections 63, 64 and 66 to 70 IPC.
Section 8(4) BNS: Amount of fine, liability in default of payment of fine, etc
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Bare Act Text
(4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.
Explained in Simple Words
Section 8(4) of the Bharatiya Nyaya Sanhita (BNS) sets out the rule on the description of imprisonment that a Court may impose when an offender defaults on paying a fine or defaults on performing community service. It applies to sentencing courts and to offenders who have been sentenced to a fine or to community service for an offence and face imprisonment in default of compliance.
Under this sub-section, the imprisonment imposed by the Court in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence. Section 8(4) BNS does not create a standalone offence or prescribe a separate fine or fixed length of imprisonment by itself, as the maximum duration of default imprisonment is governed by Sections 8(3) and 8(5) BNS.
A reader should note that the word description refers to whether imprisonment is rigorous, that is with hard labour, or simple. If the main offence allows either rigorous or simple imprisonment, the default imprisonment may also be either, whereas under Section 8(5) BNS default imprisonment for an offence punishable only with fine or community service must be simple.
Key Ingredients
- A fine or community service is imposed on the offender by the Court
- The sentence directs imprisonment in default of payment of the fine or in default of community service
- The default imprisonment is of a description to which the offender might have been sentenced for the offence
Punishment
🔒 Imprisonment in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.
💰 None prescribed by this sub-section.
When an offender defaults on paying a fine or performing community service, the Court may impose default imprisonment of any description to which the offender might have been sentenced for the offence.
Real-World Example
When This Does Not Apply
- No fine is imposed at all, and the sentence is only imprisonment
- The person pays the fine within time, so there is no default of payment
- The issue is only about how much punishment the main offence carries, not default imprisonment for non-payment of fine
- The sentence does not direct any imprisonment in default of payment of fine or in default of community service
Section 8(5) BNS: Imprisonment for non-payment of fine, when offence punishable with fine only
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Bare Act Text
(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.
Explained in Simple Words
Section 8(5) of the Bharatiya Nyaya Sanhita (BNS) sets the rules for default imprisonment when an offence is punishable only with a fine or with community service. In such cases, any imprisonment imposed by the court for non-payment of the fine or failure to perform community service must be simple imprisonment, not rigorous imprisonment.
The sub-section also fixes maximum limits on how long that simple imprisonment can last, based on the amount of the fine. The default term cannot exceed two months if the fine does not exceed five thousand rupees, four months if the fine does not exceed ten thousand rupees, and one year in any other case.
In practice, this provision protects offenders convicted of minor offences punishable only with fine or community service from facing harsh or lengthy jail terms upon default. Courts must stay within this graded scale when fixing default imprisonment.
Key Ingredients
- The offence is punishable with fine or community service
- The Court imposes imprisonment in default of payment of the fine or in default of community service
- The imprisonment is simple
- 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
Punishment
🔒 None. Section 8(5) BNS creates no offence.
💰 None.
Section 8(5) BNS is a limit on default imprisonment. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- The offence is punishable with imprisonment as well as fine, where Section 8(3) BNS sets the limit
- The Court directs no imprisonment in default of payment of the fine or in default of community service
Previous Law
IPC 67 → Section 8(5) BNS
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(5) BNS, which also takes in Sections 63 to 66 and 68 to 70 IPC.
Section 8(7) BNS: Fine leviable within six years, or during imprisonment. Death not to discharge property from liability
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Bare Act Text
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
Explained in Simple Words
Section 8(7) of the Bharatiya Nyaya Sanhita (BNS) sets the time limit for levying an unpaid fine and states the effect of the offender's death on property liability. It creates no separate offence and prescribes no new punishment of its own, operating instead as a rule for recovering a fine already imposed by sentence.
Under this provision, the fine, or any part of it which remains unpaid, may be levied at any time within six years after the passing of the sentence. If, under the sentence, the offender is liable to imprisonment for a longer period than six years, the unpaid fine may be levied at any time previous to the expiration of that longer period of imprisonment.
Section 8(7) BNS further provides that the death of the offender does not discharge from liability any property which would, after his death, be legally liable for his debts. Even if the convicted person dies before the fine is paid in full, recovery can proceed against such property within the time allowed.
Key Ingredients
- A fine, or a part of it, remains unpaid
- The fine is levied within six years after the passing of the sentence, or before the period of imprisonment expires where the offender is liable to imprisonment for longer than six years
- The death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts
Punishment
🔒 None. Section 8(7) BNS creates no offence.
💰 None.
Section 8(7) BNS is a rule on levying a fine. It has no entry in the First Schedule to the BNSS.
Real-World Example
When This Does Not Apply
- Six years have passed since the sentence and the offender is not liable under it to imprisonment for a longer period
- The fine has been paid in full
Previous Law
IPC 70 → Section 8(7) BNS
Section 8(7) BNS keeps the rule in the same words. It is the last of the numbered parts of Section 8(7) BNS, which also takes in Sections 63 to 69 IPC.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·