Section 464 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Suspension Of Execution Of Sentence Of Imprisonment.

Code

(1) When an offender has been sentenced to fine only and to imprisonment in

default of payment of the fine, and the fine is not paid forthwith, the Court may—

(a) order that the fine shall be payable either in full on or before a date not more

than thirty days from the date of the order, or in two or three installments, of which the

first shall be payable on or before a date not more than thirty days from the date of the

order and the other or others at an interval or at intervals, as the case may be, of not

more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the

offender, on the execution by the offender of a bond or bail bond, as the Court thinks

fit, conditioned for his appearance before the Court on the date or dates on or before

which payment of the fine or the installments thereof, as the case may be, is to be

made; and if the amount of the fine or of any installment, as the case may be, is not

realised on or before the latest date on which it is payable under the order, the Court

may direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an

order for the payment of money has been made on non-recovery of which imprisonment

may be awarded and the money is not paid forthwith; and, if the person against whom the

order has been made, on being required to enter into a bond such as is referred to in that

sub-section, fails to do so, the Court may at once pass sentence of imprisonment

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Explanation of Section 464 BNSS

Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a framework for suspending the execution of a sentence of imprisonment when an offender is fined but fails to pay immediately.

Key Provisions

1. Payment Flexibility
   • The court may allow the offender to pay the fine in full within 30 days or in 2-3 installments with a maximum interval of 30 days between them.
2. Suspension of Imprisonment
   • The execution of the imprisonment sentence can be suspended if the offender provides a bond or bail bond, ensuring their appearance on scheduled payment dates.
3. Immediate Imprisonment on Non-Payment
   • If the offender fails to pay the fine within the given period, the court can order immediate imprisonment.
4. Applicability to Orders for Payment of Money
   • This provision applies not only to fines but also to cases where an order for payment of money exists, and imprisonment may follow non-recovery.
5. Bond Requirement
   • If the person fails to execute the required bond, the court may directly impose imprisonment.

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Illustrations

Example 1: Payment in Installments

A court imposes a ₹10,000 fine on an offender with a three-month imprisonment sentence in case of non-payment. The court, under Section 464 BNSS, allows the offender to pay in two installments of ₹5,000 each within 30 days. If they fail, imprisonment will be enforced immediately.

Example 2: Immediate Imprisonment on Bond Failure

A businessman is ordered to pay compensation under a court directive. Since he cannot pay immediately, the court asks him to execute a bond for installment payments. He refuses, and the court orders imprisonment without delay.

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Common Questions & Answers on Section 464 BNSS

1. Can a court allow installment payments for fines?

Yes, under Section 464 BNSS, the court may allow the offender to pay the fine in two or three installments within a specified time frame.

2. What happens if the offender does not pay the fine?

If the offender fails to pay on or before the last due date, the court can enforce immediate imprisonment.

3. Can the court suspend imprisonment for any period?

Yes, but only if the offender executes a bond or bail bond ensuring their appearance for fine payments.

4. Does this provision apply to all monetary penalties?

Yes, sub-section (2) extends the provision to any order of money payment where non-payment may result in imprisonment.

5. What happens if an offender refuses to execute a bond?

If the offender does not provide the required bond, the court may immediately pass a sentence of imprisonment.

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Conclusion

Section 464 BNSS ensures a balanced approach between fine recovery and imprisonment enforcement. It offers flexibility in payments while ensuring that offenders do not escape penalties.

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