IPC 67 vs BNS 67 – Default Imprisonment for Fine-Only Offenses
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 67
Imprisonment for non-payment of fine when offense punishable with fine only
About IPC Section
Section 67 of the Indian Penal Code, 1860, provides for situations where an offense is punishable with fine only, and the offender fails to pay the fine. In such cases, the court may order imprisonment in default of payment.
The section lays down clear limits:
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If the fine does not exceed ₹50, the default imprisonment shall not exceed 2 months.
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If the fine does not exceed ₹100, the default imprisonment shall not exceed 4 months.
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In any other case, the default imprisonment shall not exceed 6 months.
This provision ensures that fines are effectively enforced, while also preventing indefinite or excessive imprisonment for non-payment of small fines. It balances deterrence with fairness by setting maximum limits for default imprisonment based on the fine amount.
The section is significant because, without it, a person might refuse to pay fines, rendering such penalties ineffective. At the same time, it prevents courts from imposing disproportionately long default sentences for minor monetary penalties.
Thus, IPC 67 ensures enforceability of fines while safeguarding offenders from excessive default imprisonment.
Section: BNS 67
Imprisonment for non-payment of fine when offense punishable with fine only
About BNS Section
Section 67 of the Bharatiya Nyaya Sanhita (BNS), 2023, retains the principle of IPC 67 but updates the fine limits to reflect modern realities.
Under BNS 67:
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If the fine does not exceed ₹1,000, the default imprisonment shall not exceed 2 months.
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If the fine does not exceed ₹5,000, the default imprisonment shall not exceed 4 months.
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In any other case, the default imprisonment shall not exceed 6 months.
This update is significant because the fine amounts in IPC 67 (₹50 and ₹100) were outdated, reflecting colonial-era economic conditions. The BNS revises the thresholds to more realistic figures, ensuring proportionality between fines and imprisonment in today’s context.
The provision continues to ensure enforceability of fines while protecting against disproportionate default sentences. By modernizing the fine slabs, the BNS makes the law more practical and relevant.
Thus, BNS 67 keeps the structure of IPC 67 intact but improves it by updating monetary thresholds, balancing deterrence, fairness, and economic reality.