सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 8

Amount of fine, liability in default of payment of fine, etc

Why this exists

Fines are one of the oldest and simplest forms of punishment, but they only work as deterrents if there's a real consequence for refusing or failing to pay. Colonial-era criminal law (the Indian Penal Code, 1860) built in a 'default sentence' mechanism so courts wouldn't be powerless against someone who simply ignored a fine. Over time, safeguards were added — caps on default jail time, proportional release for partial payment, and time limits on state collection — to prevent fines from becoming a backdoor to indefinite or excessive imprisonment, especially for the poor. Bharatiya Nyaya Sanhita, 2023 carries forward this structure (largely mirroring Section 64 of the old IPC) while modernising it to also account for 'community service' as an alternative sentence.

How courts read it

Indian courts have long held that default imprisonment is not a substitute punishment but a coercive tool to ensure fine payment, and that courts must apply their mind before fixing default terms rather than imposing them mechanically. The Supreme Court has repeatedly cautioned magistrates against imposing harsh or disproportionate default sentences on indigent persons who genuinely cannot pay, sometimes directing installment payments instead. Cases interpreting the equivalent IPC provision (Section 64) have also clarified that default sentences cannot be clubbed to exceed the outer limits set by law, and that partial payment must proportionately reduce jail time, as illustrated in the section itself.

Common misconceptions
  • Myth: Default imprisonment is an alternative punishment the offender can simply choose instead of paying the fine.
    Fact: It's meant to be a consequence for non-payment, not a free choice — courts and later interpretations treat it as coercive, not substitutive, punishment.
  • Myth: Once a default jail term is fixed, paying part of the fine later makes no difference.
    Fact: The law explicitly requires proportional reduction in jail time for partial payment, as shown in the illustration.
  • Myth: A fine that goes unpaid disappears if the offender dies.
    Fact: The section says the fine can still be recovered from the deceased's legally liable property/estate.