Indian Penal Code, 1860
Section 64
repealedSentence of imprisonment for non-payment of fine
In every case of an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine.
Why this exists
Indian courts often punish people with fines instead of, or along with, jail time. But a fine is useless if no one pays it. The Indian Penal Code, drafted in the 1860s under British colonial administration (largely by Lord Macaulay's Law Commission), needed a mechanism to make fines enforceable. Section 64 was designed to give courts the power to send a person to jail if they refuse or fail to pay a court-ordered fine — turning an unpaid fine into a real consequence rather than an empty order.
Common misconceptions
- Myth: If a court only orders a fine (no jail), the person can never go to jail for that crime.
Fact: Section 64 allows courts to send someone to jail if they fail to pay the fine, even if jail was never part of the original sentence.