Section 8 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 8 of The Bharatiya Nyaya Sanhita(BNS),2023

8. (1) Where no sum is expressed to which a fine may extend, the amount of fine to

which the offender is liable is unlimited, but shall not be excessive.

(2) In every case of an offence––

(a) punishable with imprisonment as well as fine, in which the offender is

sentenced to a fine, whether with or without imprisonment;

(b) punishable with imprisonment or fine, or with fine only, in which the offender

is sentenced to a fine, it shall be competent to the Court which sentences such offender

to direct by the sentence that, in default of payment of the fine, the offender shall

suffer imprisonment for a certain term, in which imprisonment shall be in excess of any

other imprisonment to which he may have been sentenced or to which he may be liable

under a commutation of a sentence.

(3)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.

(4) The imprisonment which the Court imposes in default of payment of a fine or in

default of community service may be of any description to which the offender might have

been sentenced for the offence.

(5) If the offence is punishable with fine or community service, the imprisonment

which the Court imposes in default of payment of the fine or in default of community service

shall be simple, and the term for which the Court directs the offender to be imprisoned, in

default of payment of fine or in default of community service, shall not exceed for any term

not exceeding,—

(a) two months when the amount of the fine shall not exceed five thousand

rupees; and

(b) four months when the amount of the fine shall not exceed ten thousand

rupees, and for any term not exceeding one year in any other case.

(6) (a)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;

(b) 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 thousand rupees and to four months’ imprisonment in

default of payment. Here, if seven hundred and fifty 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 seven hundred and fifty 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 five hundred 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 five hundred 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.

(7) 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.