Section 24 BNSS: Sentence of imprisonment in default of fine

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 24 BNSS at a Glance

Section 24 BNSS deals with sentence of imprisonment in default of fine. It replaced Section 30 CrPC on 1 July 2024.

Was CrPC

Section 30 →

Section 24 BNSS Bare Act Text

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Source: Section 24, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 24 BNSS in Simple Words

Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with imprisonment in default of payment of a fine. The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law.

Under the proviso, the term shall not be in excess of the powers of the Magistrate under Section 23 BNSS, and, where imprisonment has been awarded as part of the substantive sentence, shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict for the offence otherwise than in default of fine. Under Section 24(2) BNSS, this imprisonment may be in addition to a substantive sentence for the maximum term awardable by the Magistrate under Section 23 BNSS.

When Section 24 BNSS Applies

  • Under Section 24(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law.
  • Under the first clause of the proviso to Section 24(1) BNSS, the term in default of fine shall not be in excess of the powers of the Magistrate under Section 23 BNSS.
  • Under the second clause of the proviso to Section 24(1) BNSS, where imprisonment has been awarded as part of the substantive sentence, the term in default of fine shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.
  • Under Section 24(2) BNSS, the imprisonment awarded under Section 24 BNSS may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 23 BNSS.

Example of Section 24 BNSS

Meera is convicted before the Court of a Magistrate for an offence for which imprisonment in default of payment of fine is authorised by law. The Magistrate sentences Meera to the maximum substantive term of imprisonment awardable under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and imposes a fine. Under Section 24(1) BNSS, the Magistrate may also award imprisonment in default of payment of that fine. Because imprisonment has been awarded as part of the substantive sentence, the proviso to Section 24(1) BNSS provides that the default term shall not exceed one-fourth of the term the Magistrate is competent to inflict for the offence. Under Section 24(2) BNSS, the default term may be in addition to the maximum substantive sentence.

When Section 24 BNSS Does Not Apply

  • Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks only of the Court of a Magistrate, so its proviso does not deal with imprisonment in default of fine awarded by a Court of Session or a High Court.

Section 24 BNSS in the CrPC (Previous Law)

Section 24 BNSS replaced Section 30 CrPC from 1 July 2024.

Section 30 of the Code of Criminal Procedure, 1973 became Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 24(1) BNSS and Section 24(2) BNSS refer to Section 23 BNSS where Section 30 CrPC referred to Section 29 CrPC, and the rest of the text is the same.

Each sub-section below names its own source.

FAQs on Section 24 BNSS

When may the Court of a Magistrate award imprisonment in default of payment of a fine under Section 24 BNSS?▼

Under Section 24(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law. Under the proviso, the term shall not be in excess of the powers of the Magistrate under Section 23 BNSS, and where imprisonment has been awarded as part of the substantive sentence, it shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict for the offence.

How does the one-fourth limit in the proviso to Section 24(1) BNSS apply?▼

The one-fourth rule in the proviso to Section 24(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where imprisonment has been awarded as part of the substantive sentence. In such a case, the term of imprisonment in default of payment of the fine shall not exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

Can imprisonment in default of payment of a fine run in addition to the maximum substantive sentence under Section 23 BNSS?▼

Yes. Section 24(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the imprisonment awarded under Section 24 BNSS in default of payment of a fine may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 23 BNSS. Even so, the default term itself remains subject to the proviso in Section 24(1) BNSS, including the one-fourth limit in Section 24(1)(b) BNSS.

What changed from Section 30 CrPC to Section 24 BNSS from 1 July 2024?▼

From 1 July 2024, Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 30 of the Code of Criminal Procedure, 1973. The first clause of the proviso to Section 24(1) BNSS and Section 24(2) BNSS refer to Section 23 BNSS where Section 30 CrPC referred to Section 29 CrPC. The rest of the text, including the one-fourth rule, is the same.

Section 24 BNSS: Sub-sections Explained

Section 24(1) BNSS: Sentence of imprisonment in default of fine

▶

Bare Act Text

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

Previous Law

CrPC 30 → Section 24(1) BNSS

Section 24(2) BNSS: Sentence of imprisonment in default of fine

▶

Bare Act Text

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Previous Law

CrPC 30(2) → Section 24(2) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 18 Oct 2026 ·