IPC 70 vs BNS 70
● Modified in BNSFine leviable within six years, or during imprisonment—Death not to discharge property from liability
Section 70 of the Indian Penal Code, 1860, explains the period within which a fine may be levied. It provides that a fine may be recovered at any time within six years from the date of the sentence, or during the term of imprisonment if the offender is undergoing one, whichever is longer.
Importantly, the section also clarifies that the death of the offender does not discharge his property from liability for payment of the fine. This means that even if the offender dies, the fine can still be recovered from his estate or property left behind.
This provision ensures that fines remain enforceable and are not avoided through delay or death. It upholds the principle of justice and accountability by ensuring the State or victim can recover penalties imposed by the court.
Thus, IPC 70 strengthens the enforceability of monetary penalties and ensures continuity of liability beyond the offender’s life.
Fine leviable within seven years, or during imprisonment—Death not to discharge property from liability
Section 70 of the Bharatiya Nyaya Sanhita, 2023, continues the principle of IPC 70 but increases the limitation period for recovery of fines. Under BNS 70, a fine may be levied within seven years from the date of sentence, or during the term of imprisonment, whichever is longer.
Like IPC 70, it also states that the death of the offender will not discharge his property from liability. Thus, recovery of the fine can still be made from the estate or property of the deceased.
The key difference is the extension of limitation from six years (IPC) to seven years (BNS), reflecting a more practical timeframe for enforcement in modern legal and administrative contexts. This gives authorities additional time to ensure proper collection of fines, thereby strengthening the justice system’s efficiency.
Thus, BNS 70 modernizes IPC 70 by extending the recovery period while retaining the essential principle of liability beyond the offender’s life.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.