IPC 68 vs BNS 68
● Retained in BNSImprisonment for non-payment of fine, when imprisonment and fine awarded
Section 68 of the Indian Penal Code, 1860, deals with situations where an offender is punished with both imprisonment and fine. If the offender fails to pay the fine, he may undergo further imprisonment in default.
The law ensures that the default imprisonment does not exceed one-fourth of the maximum term of imprisonment fixed for the offense. For example, if the maximum imprisonment for an offense is 4 years, then the default imprisonment for non-payment of fine cannot exceed 1 year.
This provision safeguards offenders from disproportionate punishment, ensuring that default imprisonment is only supplementary and not excessive. It also prevents offenders from escaping penalties by refusing to pay fines, thereby upholding the deterrent effect of monetary punishments.
Thus, IPC 68 maintains a balance between enforcing fines and protecting individuals from unreasonable imprisonment terms. It is particularly significant in cases where both imprisonment and fines are imposed, ensuring fairness and proportionality.
Imprisonment for non-payment of fine, when imprisonment and fine awarded
Section 68 of the Bharatiya Nyaya Sanhita, 2023, continues the principle laid down in IPC 68 without major changes. It provides that where imprisonment and fine are both awarded, the court may impose default imprisonment for non-payment of the fine.
Like IPC 68, BNS 68 restricts default imprisonment to not more than one-fourth of the maximum term of imprisonment prescribed for the offense. This ensures proportionality between the punishment and the offense, preventing excessive hardship in default cases.
The decision to retain the provision reflects the continuing relevance of the rule. Even though BNS has modernized several provisions, the lawmakers found IPC 68’s principle fair and effective, so they kept it unchanged.
In short, BNS 68 mirrors IPC 68, ensuring that fines remain enforceable, while default imprisonment is capped to protect offenders from disproportionate penalties.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 68 to BNS BNS 68.