Section 8 of the Bharatiya Nyaya Sanhita (BNS) establishes the rules for imposing fines, the consequences of non-payment, and the legal process for recovering unpaid fines. It ensures that offenders who fail to pay fines face additional penalties while preventing excessive fines.
Key Provisions:
Fine Amount Limitations
If no specific fine amount is mentioned, the fine is unlimited, but it must not be excessive.
Fine in Addition to Imprisonment
If an offense is punishable by both imprisonment and a fine, and the offender is sentenced to a fine (with or without imprisonment), the Court can order additional imprisonment if the fine is not paid.
This additional imprisonment is separate from any other sentence the offender may be serving.
Maximum Term of Default Imprisonment
If an offense is punishable by both imprisonment and a fine, the additional imprisonment for non-payment cannot exceed one-fourth of the maximum prison term for that offense.
Nature of Imprisonment for Default of Fine or Community Service
If an offender fails to pay a fine or complete community service, the Court can impose any type of imprisonment applicable to that offense.
If the offense is punishable only with a fine or community service, then the imprisonment for default shall be simple imprisonment.
Duration of Default Imprisonment Based on Fine Amount
Fine up to ₹5,000 → Maximum 2 months imprisonment.
Fine up to ₹10,000 → Maximum 4 months imprisonment.
Fine above ₹10,000 → Maximum 1 year imprisonment.
Termination of Default Imprisonment Upon Payment
If the fine is paid or collected, the imprisonment for default shall end immediately.
If a partial fine is paid, the imprisonment term is reduced proportionally.
Illustration: If A is sentenced to pay ₹1,000 or serve 4 months in default, and A pays ₹750 before the first month ends, he will be released after one month.
Recovery of Unpaid Fines
An unpaid fine can be collected within 6 years from the date of sentencing.
If the offender is sentenced to imprisonment for more than 6 years, the fine can be recovered at any time before their sentence expires.
If the offender dies, their legal heirs or property remain liable for unpaid fines.
How It Protects:
Ensures offenders are held accountable for fines.
Prevents excessive fines that could be unfairly punitive.
Provides clear rules for recovering fines and reducing imprisonment in case of partial payment.
Example:
If a person fails to pay a ₹10,000 fine, they may face 4 months of simple imprisonment.
If they pay ₹5,000 after 2 months in jail, they may be released early.
