SECTION 8 BNS - Bharatiya Nyaya Sanhita 2023

(1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive.
(2) In every case of an offence
(a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment;
(b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence.
(3)The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
(4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence.
(5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed for any term not exceeding,
(a) two months when the amount of the fine shall not exceed five thousand rupees; and
(b) four months when the amount of the fine shall not exceed ten thousand rupees, and for any term not exceeding one year in any other case.
(6) (a)The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law;
(b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate.

Illustrations

A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment. A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged.
(7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.

Key Points of BNS-08

BNS-08 of the Bharatiya Nyaya Sanhita, 2023 focuses on penalties involving fines and the consequences when an offender fails to pay the fine. It outlines the amount of fines, how imprisonment may be imposed in default of payment, and the duration and type of imprisonment.

1. Unlimited Fines (BNS-08 (1)):
 

• When no maximum amount for a fine is specified in the Sanhita, the amount of fine that can be imposed is unlimited.
   

• However, the fine must not be excessive, ensuring that the punishment remains fair and proportionate to the offence.
   

2. Imprisonment in Default of Fine (BNS-08 (2)):
 

• If the offence is punishable by imprisonment and fine, or by fine only, the Court has the discretion to sentence the offender to imprisonment if they fail to pay the fine.
   

• The imprisonment in default of payment is in addition to any other sentence of imprisonment the offender may have already received.
   

• Example: If an offender is sentenced to both a fine and imprisonment, and they fail to pay the fine, they may be imprisoned for an additional period.
   

3. Maximum Term of Imprisonment for Default of Fine (BNS-08 (3)):
 

• The term of imprisonment in default of fine shall not exceed one-fourth of the maximum term of imprisonment fixed for the offence.
   

• This ensures that the additional punishment in default of payment is not disproportionately long in comparison to the severity of the offence.
   

• Example: If the maximum punishment for an offence is 4 years of imprisonment, the term of imprisonment in default of fine cannot exceed 1 year.
   

4. Type of Imprisonment in Default of Fine (BNS-08 (4)):
 

• The Court has the discretion to decide whether the imprisonment in default of fine is rigorous or simple, depending on what type of imprisonment the offender might have been sentenced for in the first place.
   

5. Default in Payment of Fine or Community Service (BNS-08 (5)):
 

• If the offence is punishable by fine or community service, and the offender fails to pay the fine or fulfill the community service obligation, the Court will impose simple imprisonment.
   

• The length of imprisonment in these cases is as follows:
   

  • Up to two months if the fine does not exceed 5,000.
     

  • Up to four months if the fine does not exceed 10,000.
     

  • Up to one year if the fine exceeds 10,000 or in other cases.
     

• This provision ensures that the imprisonment term is proportionate to the amount of unpaid fine or failure to complete community service.
   

6. Termination of Imprisonment Upon Payment (BNS-08 (6)):
 

• Imprisonment in default of fine will end as soon as the fine is paid or collected through legal means.
   

• If a portion of the fine is paid during the term of imprisonment, the sentence will end when the unpaid part of the fine is proportionate to the term of imprisonment already served.
   

• Example: If an offender is imprisoned for 6 months due to default of a ?10,000 fine, and they pay ?5,000 after 3 months, the imprisonment will end because they have paid an amount proportional to the time served.
   

Key Definitions:
 

• Fine: A monetary penalty imposed on the offender as punishment for an offence.
   

• Imprisonment in Default: A type of imprisonment that is imposed when the offender fails to pay the fine or complete community service as directed by the Court.
   

• Simple Imprisonment: Imprisonment without hard labor, focusing on deprivation of liberty rather than physical punishment.
   

• Rigorous Imprisonment: A form of imprisonment involving hard labor, usually for more serious offences.
   

• Excessive Fine: A fine that is disproportionately high compared to the nature of the offence. The law prohibits excessive fines to ensure fairness.
   

Practical Implications:
 

• Proportionality: The law ensures that both fines and imprisonment in default are proportional to the offence and the offender's ability to pay.
   

• Judicial Flexibility: Courts have the authority to decide the appropriate fine and term of imprisonment, considering the gravity of the offence and the circumstances of the offender.
   

• Prevention of Excessive Punishment: By capping the default imprisonment at one-fourth of the maximum sentence for the offence, the law prevents the punishment from becoming overly harsh.
   

Conclusion:

BNS-08 establishes a framework for imposing fines and outlines the consequences for non-payment, including imprisonment. It provides the Court with flexibility to impose fines of appropriate amounts and ensures that any imprisonment for default is proportional, just, and within specified limits. This approach balances the enforcement of penalties with fairness and prevents excessive punishment.

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