Section 65 IPC: Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

Indian Penal Code, 1860

Section 65 IPC at a Glance

Section 65 IPC deals with limit to imprisonment for non-payment of fine, when imprisonment and fine awardable. From 1 July 2024 it is replaced by Section 8(3) BNS.

Punishment

None. Section 65 IPC creates no offence.

BNS Equivalent

Section 8(3) →

Section 65 IPC Bare Act Text

65. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable

The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.

Source: Section 65, Indian Penal Code, 1860

Section 65 IPC in Simple Words

Section 65 of the Indian Penal Code (IPC) caps the imprisonment a Court may direct in default of a fine. Where the offence is punishable with imprisonment as well as fine, the term in default shall not exceed one-fourth of the maximum term of imprisonment fixed for the offence. The section creates no offence and sets no punishment of its own.

Ingredients of Section 65 IPC

  • The offence is punishable with imprisonment as well as fine
  • The Court directs imprisonment in default of payment of a fine
  • The offence has a maximum term of imprisonment fixed for it
  • The term in default does not exceed one-fourth of that maximum

Punishment Under Section 65 IPC

Imprisonment

None. Section 65 IPC creates no offence.

Fine

None.

Section 65 IPC is a limit on default imprisonment. It has no entry in the First Schedule to the CrPC.

Example of Section 65 IPC

In 2016 in Coimbatore, Pallavi was convicted of an offence that was punishable with imprisonment as well as fine, for which the maximum term of imprisonment fixed by law was four years. The trial Court sentenced Pallavi to pay a fine and directed in the sentence that she be imprisoned in default of payment of that fine. Because the maximum imprisonment fixed for the offence was four years, one-fourth of that maximum worked out to one year. The term of default imprisonment directed by the Court could not exceed one year under Section 65 IPC.

When Section 65 IPC Does Not Apply

  • Section 65 IPC does not apply when the offence is punishable with a fine alone rather than with imprisonment as well as fine.
  • Section 65 IPC does not apply when the sentencing Court does not direct any imprisonment in default of payment of a fine.
  • Section 65 IPC does not apply to cap the substantive term of imprisonment imposed directly as the punishment for the offence.

Section 65 IPC in the BNS

Section 65 IPC is now covered under Section 8(3) BNS.

Section 8(3) BNS keeps the limit in the same words. It is the third of the numbered parts of Section 8(3) BNS, which also takes in Sections 63, 64 and 66 to 70 IPC.

View detailed comparison (IPC 65 vs BNS 8(3)) →

FAQs on Section 65 IPC

What does Section 65 IPC say?▼

That where an offence is punishable with imprisonment as well as fine, the imprisonment a Court directs in default of payment of the fine shall not exceed one-fourth of the maximum term fixed for the offence.

Under Section 65 IPC, how is the limit worked out?▼

Take the maximum term of imprisonment fixed for the offence and divide it by four. For an offence with a maximum of two years the term in default cannot go beyond six months.

Does Section 65 IPC apply where the offence is punishable with fine only?▼

No. Section 67 IPC sets the scale for that case.

Does Section 65 IPC create an offence?▼

No. It is a limit on default imprisonment and sets no punishment.

What is the BNS equivalent of Section 65 IPC?▼

Section 8(3) BNS, in the same words.

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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 ·