Section 70 IPC: Fine leviable within six years, or during imprisonment. Death not to discharge property from liability

Indian Penal Code, 1860

Section 70 IPC at a Glance

Section 70 IPC deals with fine leviable within six years, or during imprisonment. Death not to discharge property from liability. From 1 July 2024 it is replaced by Section 8(7) BNS.

Punishment

None. Section 70 IPC creates no offence.

BNS Equivalent

Section 8(7) →

Section 70 IPC Bare Act Text

70. Fine leviable within six years, or during imprisonment. Death not to discharge property from liability
Fine leviable within six years, or during imprisonment.
Death not to discharge property from liability.—The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Source: Section 70, Indian Penal Code, 1860

Section 70 IPC in Simple Words

Section 70 of the Indian Penal Code (IPC) lets a fine be levied after the sentence. The fine, or any part that remains unpaid, may be levied at any time within six years after the sentence is passed.

Where the offender is liable under the sentence to imprisonment for longer than six years, it may be levied at any time before that period expires. The death of the offender does not free from liability any property that would, after his death, be legally liable for his debts.

The section creates no offence and sets no punishment of its own.

Ingredients of Section 70 IPC

A fine, or a part of it, remains unpaid
The fine is levied within six years after the passing of the sentence, or before the period of imprisonment expires where the offender is liable to imprisonment for longer than six years
The death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts

Punishment Under Section 70 IPC

Imprisonment

None. Section 70 IPC creates no offence.

Fine

None.

Section 70 IPC is a rule on levying a fine. It has no entry in the First Schedule to the CrPC.

Example of Section 70 IPC

In 2015 in Kochi, Harish was sentenced to eight years of imprisonment and a fine of fifty thousand rupees, of which thirty thousand rupees remained unpaid. Five years after the passing of the sentence, part of the unpaid balance was levied from his bank account. In 2022, seven years after the sentence and before his eight-year imprisonment period expired, Harish died leaving land that was legally liable for his debts. Because his sentence of imprisonment exceeded six years and had not expired, the remaining fine could still be levied from that property under Section 70 IPC.

When Section 70 IPC Does Not Apply

Section 70 IPC does not apply once the entire fine imposed by the sentence has already been paid or recovered.
Section 70 IPC does not allow recovery after six years from the date of the sentence if the offender was not sentenced to imprisonment for more than six years.
Section 70 IPC does not allow recovery after the term of imprisonment has expired where the offender was sentenced to imprisonment for longer than six years.
Section 70 IPC does not make property after the offender's death liable for the unpaid fine if that property would not be legally liable for the deceased offender's debts.

Section 70 IPC in the BNS

Section 70 IPC is now covered under Section 8(7) BNS.

Section 8(7) BNS keeps the rule in the same words. It is the last of the numbered parts of Section 8(7) BNS, which also takes in Sections 63 to 69 IPC.

View detailed comparison (IPC 70 vs BNS 8(7)) →

FAQs on Section 70 IPC

What does Section 70 IPC say?▼

That a fine, or any part of it that remains unpaid, may be levied within six years after the sentence, and that the death of the offender does not discharge from liability any property which would be legally liable for his debts.

Under Section 70 IPC, how long can an unpaid fine be levied?▼

At any time within six years after the passing of the sentence. If the offender is liable under the sentence to imprisonment for longer than six years, at any time before that period expires.

Under Section 70 IPC, does the death of the offender end the liability for the fine?▼

It does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Does Section 70 IPC create an offence?▼

No. It is a rule on levying a fine and sets no punishment.

What is the BNS equivalent of Section 70 IPC?▼

Section 8(7) BNS, in the same words.

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