IPC 64 vs BNS 64 – Imprisonment for Non-Payment of Fine
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 64
Sentence of imprisonment for non-payment of fine
About IPC Section
Section 64 of the Indian Penal Code, 1860, provides that when an offender is sentenced to pay a fine, the court may also impose a sentence of imprisonment in default of payment of that fine. This ensures that the punishment is enforceable even if the offender refuses or fails to pay.
The provision clarifies that the imprisonment ordered in default of fine is in addition to the substantive punishment for the offense. For example, if a person is sentenced to one year of imprisonment plus a fine, and he fails to pay the fine, he may have to serve additional imprisonment as directed by the court.
This section plays an important role in ensuring the effectiveness of fines as a form of punishment. Without such a provision, wealthy offenders might pay easily and escape, while others might refuse payment altogether. The possibility of imprisonment in default acts as a strong deterrent.
However, the court must always ensure fairness. The term of imprisonment imposed in default should not exceed the limits prescribed by law and should be proportionate to the fine amount. Thus, IPC 64 balances deterrence with fairness in criminal sentencing.
Section: BNS 64
Sentence of imprisonment for non-payment of fine
About BNS Section
Section 64 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the principle of IPC 64. It provides that when a fine is imposed, the court may order imprisonment in default of payment, in addition to the substantive punishment.
The purpose remains the same: to ensure that fines are not taken lightly and that offenders comply with the court’s orders. Without this safeguard, fines might lose their effectiveness, especially if offenders deliberately avoid payment. The threat of imprisonment in default strengthens the enforceability of monetary penalties.
BNS 64, like IPC 64, requires the court to ensure that imprisonment in default of fine is reasonable and within statutory limits. The provision is designed not to punish poverty but to enforce accountability. Courts must consider the offender’s financial capacity before fixing the fine and the default sentence.
By retaining IPC 64 in its entirety, the BNS shows that this safeguard continues to be relevant in modern criminal justice. It ensures proportionality, enforceability, and fairness in the use of fines as punishment.