Section 8 in The Bharatiya Nyaya Sanhita, 2023

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

 

(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,—
(a) two months when the amount of the fine does not exceed five thousand
rupees;
(b) four months when the amount of the fine does not exceed ten thousand
rupees; and
(c) 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.
Illustration.
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 there of 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.