Section 67 IPC: Imprisonment for non-payment of fine, when offence punishable with fine only

Indian Penal Code, 1860

Section 67 IPC at a Glance

Section 67 IPC deals with imprisonment for non-payment of fine, when offence punishable with fine only. From 1 July 2024 it is replaced by Section 8(5) BNS.

Punishment

None. Section 67 IPC creates no offence.

BNS Equivalent

Section 8(5) →

Section 67 IPC Bare Act Text

67. Imprisonment for non-payment of fine, when offence punishable with fine only

If the offence be punishable with fine only, the imprisonment which the Court imposes in default of payment of the fine shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine, shall not exceed the following scale, that is to say, for any term not exceeding two months when the amount of the fine shall not exceed fifty rupees, and for any term not exceeding four months when the amount shall not exceed one hundred rupees, and for any term not exceeding six months in any other case.

Source: Section 67, Indian Penal Code, 1860

Section 67 IPC in Simple Words

Section 67 of the Indian Penal Code (IPC) limits default imprisonment where the offence is punishable with fine only. The imprisonment the Court imposes in default of payment of the fine shall be simple.

The term shall not exceed two months where the fine does not exceed fifty rupees, four months where it does not exceed one hundred rupees, and six months in any other case. The section creates no offence and sets no punishment of its own.

Ingredients of Section 67 IPC

  • The offence is punishable with fine only
  • The Court directs imprisonment in default of payment of the fine
  • The imprisonment is simple
  • The term does not exceed two months for a fine up to fifty rupees, four months for a fine up to one hundred rupees, or six months in any other case

Punishment Under Section 67 IPC

Imprisonment

None. Section 67 IPC creates no offence.

Fine

None.

Section 67 IPC is a limit on default imprisonment. It has no entry in the First Schedule to the CrPC.

Example of Section 67 IPC

In 2020 in Madurai, Ananya was convicted of an offence punishable with fine only, and the Court fined her one hundred and fifty rupees with imprisonment in default of payment. For an offence punishable with fine only, default imprisonment had to be simple and could not exceed two months when the fine did not exceed fifty rupees, four months when it did not exceed one hundred rupees, and six months in any other case. Accordingly, the Court imposed simple imprisonment for five months, within the six-month limit under Section 67 IPC.

When Section 67 IPC Does Not Apply

  • Section 67 IPC does not apply when the offence is punishable with imprisonment in addition to or instead of a fine.
  • Section 67 IPC does not apply when the Court imposes a fine without directing any imprisonment in default of payment.
  • Section 67 IPC does not allow a court to impose rigorous imprisonment in default of payment of a fine for an offence punishable with fine only.

Section 67 IPC in the BNS

Section 67 IPC is now covered under Section 8(5) BNS.

Section 8(5) BNS keeps the rule and changes it in three ways. It applies where the offence is punishable with fine or community service, and it covers default of community service as well as default of payment of the fine. It raises the amounts in the scale to five thousand rupees and ten thousand rupees, where the IPC says fifty rupees and one hundred rupees. And it raises the limit in any other case from six months to one year. It is the fifth of the numbered parts of Section 8(5) BNS, which also takes in Sections 63 to 66 and 68 to 70 IPC.

View detailed comparison (IPC 67 vs BNS 8(5)) →

FAQs on Section 67 IPC

What does Section 67 IPC say?▼

That where an offence is punishable with fine only, the imprisonment the Court imposes in default of payment of the fine shall be simple and shall not exceed the scale the section sets.

What is the scale under Section 67 IPC?▼

Two months where the fine does not exceed fifty rupees, four months where it does not exceed one hundred rupees, and six months in any other case.

Can default imprisonment under Section 67 IPC be rigorous?▼

No. The section says the imprisonment shall be simple.

Does Section 67 IPC create an offence?▼

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

What is the BNS equivalent of Section 67 IPC?▼

Section 8(5) BNS, with higher amounts in the scale, one year in any other case, and default of community service added.

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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 ·