IPC 69 vs BNS 69
● Retained in BNSTermination of imprisonment on payment of proportional part of fine
Section 69 of the Indian Penal Code, 1860, provides relief in cases where a person is sentenced to imprisonment in default of payment of a fine. If the offender pays a part of the fine, then the term of imprisonment to be served is proportionally reduced.
For example, if someone is sentenced to 6 months’ imprisonment in default of fine but manages to pay half the fine amount, then the imprisonment is reduced to 3 months. This ensures fairness and encourages partial compliance instead of forcing offenders to serve the full imprisonment term.
The provision is significant because it prevents undue hardship. It recognizes that an offender may be unable to pay the entire fine but may still manage to pay a part of it. By allowing proportional reduction of imprisonment, IPC 69 makes the system more humane and practical, while still upholding the deterrent effect of fines.
Thus, IPC 69 strikes a balance between enforcement of monetary penalties and compassion for offenders facing financial difficulty.
Termination of imprisonment on payment of proportional part of fine
Section 69 of the Bharatiya Nyaya Sanhita, 2023, continues the same principle as IPC 69. It states that if a person is sentenced to imprisonment in default of payment of fine, and he pays a part of the fine, the imprisonment term will be reduced in proportion to the amount paid.
Like IPC 69, the provision ensures that partial payment of fines leads to relief, rather than compelling the offender to undergo the entire imprisonment. This encourages offenders to at least make partial payments, ensuring some recovery of penalty for the State.
The lawmakers retained this rule in BNS without alteration because it is both practical and fair. It protects offenders from excessive punishment when they are financially constrained and at the same time preserves the deterrent and compensatory value of fines.
Therefore, BNS 69 is essentially identical to IPC 69, reflecting continuity in law with no substantive changes.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 69 to BNS BNS 69.