Section 68 IPC: Imprisonment to terminate on payment of fine

Indian Penal Code, 1860

Section 68 IPC at a Glance

Section 68 IPC deals with imprisonment to terminate on payment of fine. From 1 July 2024 it is replaced by Section 8(6)(a) BNS.

Punishment

None. Section 68 IPC creates no offence.

BNS Equivalent

Section 8(6)(a) →

Section 68 IPC Bare Act Text

68. Imprisonment to terminate on payment of fine

The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

Source: Section 68, Indian Penal Code, 1860

Section 68 IPC in Simple Words

Section 68 of the Indian Penal Code (IPC) says when default imprisonment ends. The imprisonment imposed in default of payment of a fine terminates whenever the fine is either paid or levied by process of law. The section creates no offence and sets no punishment of its own.

Ingredients of Section 68 IPC

  • The offender is in imprisonment imposed in default of payment of a fine
  • The fine is paid or is levied by process of law
  • The imprisonment terminates whenever that happens

Punishment Under Section 68 IPC

Imprisonment

None. Section 68 IPC creates no offence.

Fine

None.

Section 68 IPC is a rule on when default imprisonment ends. It has no entry in the First Schedule to the CrPC.

Example of Section 68 IPC

In 2022 in Visakhapatnam, Mahesh was convicted of an offence and sentenced to pay a fine of twenty thousand rupees, with three months of imprisonment imposed in default of payment of that fine. Because Mahesh did not pay the fine at once, he was sent to prison to serve the default sentence. One month later, the entire fine was levied by process of law instead of remaining unpaid or being paid in cash. Because the fine was paid or levied by process of law, Mahesh's default imprisonment terminated under Section 68 IPC.

When Section 68 IPC Does Not Apply

  • Section 68 IPC does not apply when the fine remains completely unpaid and has not been levied by process of law.
  • Section 68 IPC does not apply when only a portion of the fine has been paid or levied rather than the entire fine.
  • Section 68 IPC does not terminate a substantive sentence of imprisonment that was imposed directly for the offence rather than in default of payment of a fine.

Section 68 IPC in the BNS

Section 68 IPC is now covered under Section 8(6)(a) BNS.

Section 8(6)(a) BNS keeps the rule in the same words. It is the first of the two lettered clauses of Section 8(6) BNS, the second of which takes in Section 69 IPC. Section 8(6)(a) BNS as a whole also takes in Sections 63 to 67 and 70 IPC.

View detailed comparison (IPC 68 vs BNS 8(6)(a)) →

FAQs on Section 68 IPC

What does Section 68 IPC say?▼

That the imprisonment imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law.

Does the whole fine have to be paid under Section 68 IPC?▼

Yes, the fine as a whole. Where only a part has been paid or levied, Section 69 IPC applies.

Under Section 68 IPC, does the fine have to be paid by the offender himself?▼

The section says the fine is either paid or levied by process of law, and it does not say by whom it is paid.

Does Section 68 IPC create an offence?▼

No. It is a rule on when default imprisonment ends and sets no punishment.

What is the BNS equivalent of Section 68 IPC?▼

Section 8(6)(a) 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 ·