IPC 66 vs BNS 66
● Retained in BNSDescription of imprisonment for non-payment of fine
Section 66 of the Indian Penal Code, 1860, deals with the nature of imprisonment awarded in default of payment of fine. It provides that such imprisonment shall be of the same description as the substantive imprisonment awarded for the offense.
This means if the substantive punishment is rigorous imprisonment, then the imprisonment in default of fine shall also be rigorous. Similarly, if the substantive punishment is simple imprisonment, then the default imprisonment will also be simple.
The rationale behind this provision is consistency in punishment. It prevents a mismatch where a convict sentenced to simple imprisonment could be subjected to more severe rigorous imprisonment just because of default in paying the fine. The section protects the principle of fairness by ensuring that the type of imprisonment remains the same throughout.
For example, if a convict is sentenced to 6 months of simple imprisonment and a fine, and he defaults on the fine, the imprisonment imposed in default will also be simple imprisonment, not rigorous.
Thus, IPC 66 ensures uniformity and proportionality in sentencing, making the punishment predictable and just.
Description of imprisonment for non-payment of fine
Section 66 of the Bharatiya Nyaya Sanhita (BNS), 2023, continues the same principle as IPC 66. It provides that imprisonment awarded in default of payment of fine shall be of the same description as the substantive imprisonment for the offense.
This means the nature of imprisonment—rigorous or simple—remains consistent between the primary sentence and the default sentence. The BNS preserves this provision without change because it is essential for fairness and clarity in sentencing.
The section ensures that offenders are not subjected to harsher conditions of imprisonment merely because of default in paying a fine. It maintains proportionality in the justice system and prevents arbitrary variations in punishment.
By keeping this safeguard intact, BNS 66 reaffirms the principle that default imprisonment is a supplementary penalty, not an independent or harsher one. The offender should not face additional severity beyond what the court has already prescribed for the primary offense.
Therefore, BNS 66 mirrors IPC 66, retaining its relevance and ensuring consistency, fairness, and proportionality in criminal sentencing.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 66 to BNS BNS 66.