Section 464 BNSS: Suspension of execution of sentence of imprisonment
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 464 BNSS at a Glance
Section 464 BNSS deals with suspension of execution of sentence of imprisonment. It replaced Section 424 CrPC on 1 July 2024.
Section 464 BNSS Bare Act Text
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
Source: Section 464, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 464 BNSS in Simple Words
Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Suspension of execution of sentence of imprisonment.
When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may order that the fine shall be payable in full or in two or three installments, and may suspend the execution of the sentence of imprisonment and release the offender on the execution by the offender of a bond or bail bond, as the Court thinks fit.
When Section 464 BNSS Applies
- Under Section 464(1) BNSS, when an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may act under Section 464(1)(a) BNSS or Section 464(1)(b) BNSS.
- The Court may under Section 464(1)(a) BNSS order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days.
- The Court may under Section 464(1)(b) BNSS suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made.
- If the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
- Under Section 464(2) BNSS, the provisions of Section 464(1) BNSS shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith. If the person against whom the order has been made, on being required to enter into a bond such as is referred to in Section 464(1) BNSS, fails to do so, the Court may at once pass sentence of imprisonment.
Example of Section 464 BNSS
When Section 464 BNSS Does Not Apply
- Section 464(1) BNSS speaks of an offender who has been sentenced to fine only and to imprisonment in default of payment of the fine. It does not deal with an offender whose fine is paid forthwith.
- Section 464 BNSS speaks of suspension of the execution of a sentence of imprisonment. It does not deal with the execution of a sentence of imprisonment, which is found in Section 458 BNSS, Execution of sentence of imprisonment.
- Section 464 BNSS speaks of the Court that orders payment of a fine by installments. It does not deal with who may issue a warrant, which is found in Section 465 BNSS, Who may issue warrant.
Section 464 BNSS in the CrPC (Previous Law)
Section 464 BNSS replaced Section 424 CrPC from 1 July 2024.
From 1 July 2024, Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 424 of the Code of Criminal Procedure, 1973 under the same heading, Suspension of execution of sentence of imprisonment. Section 464(1)(b) BNSS reads a bond or bail bond, as the Court thinks fit where Section 424(1)(b) CrPC read a bond, with or without sureties, as the Court thinks fit.
Each sub-section below names its own source.
FAQs on Section 464 BNSS
What may a Court order under Section 464(1)(a) BNSS when a fine is not paid forthwith?▼
When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may under Section 464(1)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order.
What may a Court do about the sentence of imprisonment under Section 464(1)(b) BNSS?▼
Under Section 464(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof is to be made. If the amount of the fine or of any installment is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
What does Section 464(2) BNSS say about an order for the payment of money?▼
Section 464(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that the provisions of Section 464(1) BNSS shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith. If the person against whom the order has been made, on being required to enter into a bond such as is referred to in Section 464(1) BNSS, fails to do so, the Court may at once pass sentence of imprisonment.
What changed from Section 424 CrPC to Section 464 BNSS from 1 July 2024?▼
From 1 July 2024, Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 424 of the Code of Criminal Procedure, 1973. Both have the same heading, Suspension of execution of sentence of imprisonment. Section 464(1)(b) BNSS reads a bond or bail bond, as the Court thinks fit where Section 424(1)(b) CrPC read a bond, with or without sureties, as the Court thinks fit.
Section 464 BNSS: Sub-sections Explained
Section 464(1) BNSS: Suspension of execution of sentence of imprisonment
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Bare Act Text
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
Section 464(2) BNSS: Suspension of execution of sentence of imprisonment
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Bare Act Text
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·