Section 69 IPC: Termination of imprisonment on payment of proportional part of fine

Indian Penal Code, 1860

Section 69 IPC at a Glance

Section 69 IPC deals with termination of imprisonment on payment of proportional part of fine. From 1 July 2024 it is replaced by Section 8(6)(b) BNS.

Punishment

None. Section 69 IPC creates no offence.

BNS Equivalent

Section 8(6)(b) →

Section 69 IPC Bare Act Text

69. Termination of imprisonment on payment of proportional part of fine

If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustration

A is sentenced to a fine of one hundred rupees and to four months' imprisonment in default of payment. Here, if seventy-five rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seventy-five rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If fifty rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If fifty rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.

Source: Section 69, Indian Penal Code, 1860

Section 69 IPC in Simple Words

Section 69 of the Indian Penal Code (IPC) lets default imprisonment end early when part of the fine is paid. If, before the term fixed in default of payment expires, enough of the fine is paid or levied for the term already suffered to be not less than proportional to the part still unpaid, the imprisonment terminates.

The section carries an Illustration with sums of rupees. It creates no offence and sets no punishment of its own.

Ingredients of Section 69 IPC

  • The offender is imprisoned in default of payment of a fine
  • Before the term expires, a proportion of the fine is paid or levied
  • The term already suffered in default is not less than proportional to the part of the fine still unpaid
  • The imprisonment then terminates

Punishment Under Section 69 IPC

Imprisonment

None. Section 69 IPC creates no offence.

Fine

None.

Section 69 IPC is a rule on part payment of a fine. It has no entry in the First Schedule to the CrPC.

Example of Section 69 IPC

In 2018 in Madurai, Sundar was sentenced to a fine of nine hundred rupees and to three months of imprisonment in default of payment. Unable to pay at once, Sundar began serving the default term. At the expiration of one month of his imprisonment in default, his family paid six hundred rupees of the fine. Only one third of the fine remained unpaid, and Sundar had already suffered one month, or one third of the three-month term fixed in default. Because the term suffered was proportional to the unpaid part of the fine, Sundar's imprisonment terminated under Section 69 IPC.

When Section 69 IPC Does Not Apply

  • Section 69 IPC does not apply when the prisoner is serving substantive imprisonment awarded directly for the offence rather than imprisonment fixed in default of paying a fine.
  • Section 69 IPC does not apply when the entire fine is paid or recovered in full, as that situation is governed by Section 68 IPC.
  • Section 69 IPC does not apply when the period of default imprisonment already served is still shorter than the proportion corresponding to the unpaid balance of the fine.
  • Section 69 IPC does not apply after the full term of imprisonment fixed in default of payment has already expired.

Section 69 IPC in the BNS

Section 69 IPC is now covered under Section 8(6)(b) BNS.

Section 8(6)(b) BNS keeps the rule in the same words. It changes the sums in the Illustration, which now has A sentenced to a fine of one thousand rupees, with part payments of seven hundred and fifty rupees and five hundred rupees, where the IPC has one hundred rupees, seventy-five rupees and fifty rupees. It is the second of the two lettered clauses of Section 8(6) BNS, within Section 8(6)(b) BNS.

View detailed comparison (IPC 69 vs BNS 8(6)(b)) →

FAQs on Section 69 IPC

What does Section 69 IPC say?▼

That if, before the term of imprisonment fixed in default of payment expires, such a proportion of the fine is paid or levied that the term already suffered is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Under Section 69 IPC, how does the Illustration work out the proportion?▼

A is sentenced to a fine of one hundred rupees and four months in default. If fifty rupees is paid or levied before two months have passed, A is discharged as soon as the two months are completed.

Under Section 69 IPC, what if the whole fine is paid or levied?▼

Section 68 IPC applies. The imprisonment terminates whenever the fine is either paid or levied by process of law.

Does Section 69 IPC create an offence?▼

No. It is a rule on part payment of a fine and sets no punishment.

What is the BNS equivalent of Section 69 IPC?▼

Section 8(6)(b) BNS, in the same words, with the sums in its Illustration ten times larger.

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