Section 64 IPC: Sentence of imprisonment for non-payment of fine

Indian Penal Code, 1860

Section 64 IPC at a Glance

Section 64 IPC deals with sentence of imprisonment for non-payment of fine. From 1 July 2024 it is replaced by Section 8(2) BNS.

Punishment

None. Section 64 IPC creates no offence.

BNS Equivalent

Section 8(2) →

Section 64 IPC Bare Act Text

64. Sentence of imprisonment for non-payment of fine

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, 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, 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.

Source: Section 64, Indian Penal Code, 1860

Section 64 IPC in Simple Words

Section 64 of the Indian Penal Code (IPC) lets the Court add imprisonment in default of a fine. Where an offence is punishable with imprisonment as well as fine, with imprisonment or fine, or with fine only, and the offender is sentenced to a fine, the Court may direct in the sentence that, if the fine is not paid, the offender shall suffer imprisonment for a certain term.

That imprisonment is in excess of any other imprisonment to which the offender has been sentenced or to which he may be liable under a commutation of a sentence. The section creates no offence and sets no punishment of its own.

Ingredients of Section 64 IPC

  • 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 Under Section 64 IPC

Imprisonment

None. Section 64 IPC creates no offence.

Fine

None.

Section 64 IPC is a power to direct imprisonment in default of a fine. It has no entry in the First Schedule to the CrPC.

Example of Section 64 IPC

In 2021 in Dehradun, Gautam was convicted of an offence punishable with imprisonment as well as fine, and the Court sentenced him to one year of imprisonment and a fine of five thousand rupees. In the same sentence, the Court directed that, in default of payment of the fine, Gautam would suffer imprisonment for a further term of two months. That default term was in excess of the imprisonment to which he was sentenced and any imprisonment under a commutation of a sentence. The Court was competent to give that direction under Section 64 IPC.

When Section 64 IPC Does Not Apply

  • Section 64 IPC does not apply when the Court sentences the offender only to imprisonment and imposes no fine.
  • Section 64 IPC does not apply when the sentencing Court makes no direction in the sentence for imprisonment in default of payment of the fine.
  • Section 64 IPC does not allow default imprisonment to run concurrently with or replace the substantive imprisonment imposed for the offence or under a commuted sentence.

Section 64 IPC in the BNS

Section 64 IPC is now covered under 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.

View detailed comparison (IPC 64 vs BNS 8(2)) →

FAQs on Section 64 IPC

What does Section 64 IPC say?▼

That where an offender is sentenced to a fine, the Court may direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, 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.

Which offences does Section 64 IPC cover?▼

Every offence punishable with imprisonment as well as fine, with imprisonment or fine, or with fine only, where the offender is sentenced to a fine.

Does Section 64 IPC fix how long the default imprisonment lasts?▼

No. It only gives the power. Section 65 IPC limits the term to one-fourth of the maximum for an offence punishable with imprisonment as well as fine, and Section 67 IPC sets a scale where the offence is punishable with fine only.

Under Section 64 IPC, does the default imprisonment replace any other imprisonment?▼

No. It is 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.

What is the BNS equivalent of Section 64 IPC?▼

Section 8(2) BNS, set out as two clauses, with the word in added before which imprisonment.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·