Code: Section 8 BNS
Section 8 – Fine Regulations
(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,—
(a) two months when the amount of the fine does not exceed five thousand
rupees;
(b) four months when the amount of the fine does not exceed ten thousand
rupees; and
(c) 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.
Explanation of Section 8 BNS
What Does Section 8 BNS Mean?
Section 8 of the Bharatiya Nyaya Sanhita (BNS) establishes rules regarding fines and imprisonment in case of non-payment. It ensures that fines remain fair but enforceable and clarifies the legal consequences of defaulting on fines or community service orders.
Key Points to Understand
- Unlimited Fine with Restrictions
- If the law does not specify a fine limit, the court has the authority to impose any reasonable fine amount.
- The fine must not be excessive or unreasonable.
- Imprisonment in Default of Fine
- If a person is sentenced to a fine along with imprisonment, or even fine alone, the court can impose additional imprisonment in case of non-payment.
- This extra imprisonment is separate from the actual sentence and does not reduce the fine amount.
- Limit on Imprisonment for Default of Fine
- The additional jail term for non-payment cannot exceed ¼th (one-fourth) of the maximum imprisonment for the offence.
- Nature of Imprisonment for Fine Defaults
- The court can order rigorous or simple imprisonment, depending on the nature of the offence.
- If the punishment is fine or community service only, the default imprisonment must be simple imprisonment.
- Duration of Default Imprisonment Based on Fine Amount
- Up to ₹5,000 fine → Maximum 2 months imprisonment
- Up to ₹10,000 fine → Maximum 4 months imprisonment
- Above ₹10,000 fine → Maximum 1 year imprisonment
- Release on Partial Payment of Fine
- A prisoner serving default imprisonment can be released proportionally if part of the fine is paid.
- Fine Recovery Timeline
- The fine can be collected up to six years after sentencing.
- If the convict’s imprisonment period is longer than six years, the fine can be collected until the imprisonment term ends.
- Even after the convict’s death, their property remains liable for unpaid fines.
Illustration of Section 8 BNS
Example 1: Default Imprisonment Calculation
A person is fined ₹12,000 and sentenced to six months imprisonment. The offender fails to pay the fine.
- Maximum imprisonment in default = ¼ of six months = 1.5 months (or 45 days)
- The court can impose an additional 1.5-month jail term for non-payment.
Example 2: Partial Payment and Release
A person is fined ₹1,000 and given four months default imprisonment. If they pay ₹750 before one month, they will be released at the end of the first month.
Example 3: Fine Recovery After Death
A businessman fails to pay a ₹50,000 fine and dies after sentencing. His estate/property will still be liable for the unpaid fine, ensuring the fine is recovered from his legal heirs.
Common Questions on Section 8 BNS
1. Can a court impose an unlimited fine?
Yes, but it must not be excessive. The fine should be reasonable and justifiable based on the offence.
2. What happens if someone does not pay a fine?
They may face additional imprisonment, which will be separate from any other sentence.
3. Can a person be released if they pay part of the fine?
Yes, partial payment can lead to a proportional reduction in imprisonment for default.
4. How long does the government have to recover a fine?
The fine can be collected up to six years after sentencing or until the end of the convict’s imprisonment period, whichever is later.
5. Does a fine get canceled if the convict dies?
No. The fine can still be recovered from the deceased’s property, just like other debts.
Conclusion
Section 8 of the Bharatiya Nyaya Sanhita (BNS) lays down clear rules for fines and imprisonment in case of default. It ensures:
Fair imposition of fines Consequences for non-payment Options for proportional release on partial payment Legal provisions for recovering fines even after a convict’s death
This section maintains justice, deterrence, and financial accountability in criminal cases.
Read more about related sections:
- Section 8 BNS – Rules Regarding Fines
- Section 6 BNS – Fractions of Terms of Punishment
- Full BNS Bare Act
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