Section 424 CrPC: Suspension of execution of sentence of imprisonment

What Section 424 CrPC Says

424. Suspension of execution of sentence of imprisonment

(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 instalments, 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, with or without sureties, 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 instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, 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 424, Code of Criminal Procedure, 1973

Section 424 CrPC in Simple Words

When Section 424 CrPC Applies

• Under Section 424(1) CrPC, 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 424(1)(a) CrPC or Section 424(1)(b) CrPC.
• The Court may under Section 424(1)(a) CrPC 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 instalments, 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 424(1)(b) CrPC suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, 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 instalments thereof, as the case may be, is to be made.
• If the amount of the fine or of any instalment, 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 424(2) CrPC, the provisions of Section 424(1) CrPC 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 424(1) CrPC, fails to do so, the Court may at once pass sentence of imprisonment.

Example of Section 424 CrPC

When Section 424 CrPC Does Not Apply

• Section 424(1) CrPC 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 424 CrPC 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 418 CrPC, Execution of sentence of imprisonment.
• Section 424 CrPC speaks of the Court that orders payment of a fine by instalments. It does not deal with who may issue a warrant, which is found in Section 425 CrPC, Who may issue warrant.

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