Section 8 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 8 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the amount of fine and the liability in default of payment of fine. Here's a breakdown of its provisions
Section 8 – Amount of Fine and Liability in Default of Payment
Unlimited Fine: If no specific sum is prescribed, the fine an offender is liable for is unlimited but must not be excessive.
Imprisonment in Default of Fine: In cases where an offence is punishable with imprisonment as well as fine, or with fine only, the court may direct that in default of payment of the fine, the offender shall suffer imprisonment for a certain term. This imprisonment shall be in addition to any other imprisonment the offender may have been sentenced to.
Duration of Imprisonment: 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 fixed for the offence, if the offence is punishable with both imprisonment and fine
Type of Imprisonment: The imprisonment imposed 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.
Simple Imprisonment for Minor Fines: If the offence is punishable with 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 the offender to be imprisoned in default of payment of fine or in default of community service shall not exceed:
Two months when the amount of the fine does not exceed five thousand rupees;
Four months when the amount of the fine does not exceed ten thousand rupees; and
One year in any other case.
Termination of Imprisonment: The imprisonment imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law. If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine is 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.(
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, then at any time previous to the expiration of that period. The death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts.
This section aligns with the provisions of the Indian Penal Code, 1860, specifically Sections 63 to 70, which deal with the amount of fine, imprisonment for non-payment of fine, and the levy of unpaid fines.
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