Section 8 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 8 of the Bharatiya Nyaya Sanhita (BNS), 2023: Amount of Fine, Liability in Default of Payment of Fine, etc.
๐ Overview
Section 8 of the Bharatiya Nyaya Sanhita, 2023, outlines the provisions related to fines and the consequences of defaulting on their payment. This section aims to ensure that fines are imposed fairly and that there are clear guidelines for situations where offenders fail to pay the prescribed fines.
๐งพ Key Provisions
Unlimited Fine Amount
If a fine amount is not specified for an offence, the offender may be liable to pay an unlimited fine. However, this fine must not be excessive.
Imprisonment in Default of Payment
In cases where an offence is punishable with both imprisonment and a fine, and the offender is sentenced to a fine, the court may direct that, in default of payment, the offender shall suffer imprisonment for a certain term.
This term of imprisonment shall be in addition to any other imprisonment the offender may have been sentenced to or may be liable for under a commutation of sentence.
Duration of Imprisonment for Default
The term for which the court directs imprisonment in default of payment of a fine shall not exceed one-fourth of the maximum term of imprisonment prescribed for the offence, if the offence is punishable with both imprisonment and fine.
Imprisonment for Default of Community Service or Fine
If the offence is punishable with a fine or community service, the imprisonment imposed in default of payment of the fine or in default of community service shall be simple.
The term for which the court directs imprisonment in default shall not exceed:
Two months when the fine does not exceed five thousand rupees;
Four months when the fine does not exceed ten thousand rupees;
One year in any other case.
Termination of Imprisonment upon Payment
The imprisonment imposed in default of payment of a fine shall terminate whenever the fine is paid or levied by process of law.
If, before the expiration of the term of imprisonment fixed in default of payment, a proportion of the fine is paid or levied such that the term of imprisonment suffered is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.
Levy of Unpaid Fine
The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence.
If, under the sentence, the offender is liable to imprisonment for a longer period than six years, the fine may be levied at any time prior to the expiration of that period.
The death of the offender does not discharge from liability any property which would, after their death, be legally liable for their debts.
โ๏ธ Importance
Ensures Accountability: By specifying the consequences of failing to pay fines, this section ensures that offenders remain accountable for their actions.
Prevents Arbitrary Imprisonment: The guidelines prevent excessive imprisonment terms, ensuring that the punishment is proportionate to the offence.
Facilitates Recovery of Dues: The provision allowing for the levy of unpaid fines ensures that the state can recover dues even after a significant period, promoting financial accountability.
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