Section 30 CrPC: Sentence of imprisonment in default of fine
Code of Criminal Procedure, 1973
Section 30 CrPC at a Glance
Section 30 CrPC deals with sentence of imprisonment in default of fine. From 1 July 2024 it is replaced by Section 24 BNSS.
What Section 30 CrPC Says
30. Sentence of imprisonment in default of fine
(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 29;
(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 29.
Source: Section 30, Code of Criminal Procedure, 1973
Section 30 CrPC in Simple Words
Section 30 of the Code of Criminal Procedure, 1973 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 29 CrPC, 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 30(2) CrPC, this imprisonment may be in addition to a substantive sentence for the maximum term awardable by the Magistrate under Section 29 CrPC.
When Section 30 CrPC Applies
- Under Section 30(1) of the Code of Criminal Procedure, 1973, 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 30(1) CrPC, the term in default of fine shall not be in excess of the powers of the Magistrate under Section 29 CrPC.
- Under the second clause of the proviso to Section 30(1) CrPC, 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 30(2) CrPC, the imprisonment awarded under Section 30 CrPC may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 29 CrPC.
Example of Section 30 CrPC
When Section 30 CrPC Does Not Apply
- Section 30 of the Code of Criminal Procedure, 1973 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 30 CrPC Under BNSS 24: What Changed
Section 30 CrPC is now covered under Section 24 BNSS.
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.
View detailed comparison (CrPC 30 vs BNSS 24) →FAQs on Section 30 CrPC
When may the Court of a Magistrate award imprisonment in default of payment of a fine under Section 30 CrPC?▼
Under Section 30(1) of the Code of Criminal Procedure, 1973, 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 29 CrPC, 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 30(1) CrPC work?▼
The one-fourth rule in the proviso to Section 30(1) of the Code of Criminal Procedure, 1973 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 be added to the maximum substantive sentence under Section 29 CrPC?▼
Yes. Section 30(2) of the Code of Criminal Procedure, 1973 provides that the imprisonment awarded under Section 30 CrPC 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 29 CrPC. Even so, the default term itself remains subject to the proviso in Section 30(1) CrPC, including the one-fourth limit in Section 30(1)(b) CrPC.
Where is Section 30 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 30 CrPC is found in Section 24 BNSS. Section 30(1) CrPC with its proviso maps to Section 24(1) BNSS with its proviso, and Section 30(2) CrPC maps to Section 24(2) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·