IPC §66BNS §8

Description of imprisonment for non-payment of fine

ModifiedConfidence: mediumStatus: cross checkedconsolidation context(observed)
Last updated 2026-05-01 · Input coverage: partial

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-05-02.

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Comparison

Old law
IPC §66
Description of imprisonment for non-payment of fine

66. Description of imprisonment for non-payment of fine.—The imprisonment which the Court imposes in default of payment of a fine may be of any description to which the offender might have been sentenced for the offence. 1. Subs. by the A. O 1950. Earlier ins by the A. O. 1937. 2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956). 3. Subs. by Act 8 of 1882, s. 2, for “In every case in which an offender is sentenced to a fine”. 4. Ins. by Act 10 of 1886, s. 21 (2).

New law
BNS §8
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.

(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.

What changedAI-inferred

BNS Section 8(4) carries the rule and extends it to imprisonment imposed in default of community service — a new BNS 4(f) punishment category.

Old position

IPC Section 66 said the default-imprisonment for non-payment of fine may be of any description (rigorous or simple) to which the offender might have been sentenced for the offence.

New position

BNS Section 8(4) carries the rule and extends it to imprisonment imposed in default of community service — a new BNS 4(f) punishment category.

Editorial deltaAI-indicated (source-linked)

IPC 66 (description of imprisonment for non-payment of fine - that the imprisonment may be of any description to which the offender might have been sentenced for the offence) is consolidated into BNS 8 alongside IPC 67 (default-imprisonment scale) and related provisions. BNS 8(1) opens with the IPC 63-style unlimited-fine rule; the IPC 66 description-of-imprisonment rule is in unseen sub-sections of BNS 8.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 66 continues to apply. For matters from that date forward, BNS 8 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS Section 8, sub-clause (4). The IPC rule is preserved and the application set extended to community-service-default scenarios.

Sources

Cite this page

Newlaws.in, IPC §66 → BNS §8 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/ipc/66.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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