Section 8 of BNS: Amount of Fine, Liability in Default of Payment of Fine, Etc
Section 8 of BNS is part of CHAPTER 2 OF PUNISHMENTS in Bharatiya Nyaya Sanhita 2023 Act. It represents a significant framework within the Indian legal system, addressing the nuances of penalties and fines imposed on offenders. This section explains all the conditions, effects, and consequences when there is no payment or even further punishment. With guidelines defined both for the judiciary as well as the accused, Section 8 strikes a balance between the principles of justice and accountability such that the punishments are not disproportionate.
Definition of BSN Section 8
(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.
Explanation and Illustration of Section 8 (Bharatiya Nyaya Sanhita, 2023)
A is fined ₹1000, and imprisoned four months in default of the payment of the fine. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of the first month of the imprisonment, A shall be released at the end of the first month. Now, if ₹750 be paid or levied at the expiration of the first month, or afterwards during the imprisonment of A, A shall be forthwith discharged. If ₹500 of the fine be paid or levied before the expiry of two months of the imprisonment, A shall be released as soon as two months are complete. If ₹500 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 portion thereof unpaid, may be collected at any time within six years after the sentence has been imposed, and if, under the sentence, the convict is liable to imprisonment for a period of more than six years, then at any time prior to the expiration of such period; and the death of the convict 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 addresses fines and penalties when an offender fails to pay.
Simple imprisonment will be imposed for failure to pay a fine or complete community service, with specific terms based on the fine amount:
Imprisonment for default will end when the fine is paid in full or proportionately during imprisonment.
Key terms include:
BNS-08 ensures proportionality in penalties and allows judicial flexibility to adapt fines and imprisonment to the offender's situation. The law prevents excessive punishment by capping imprisonment for default at one-fourth of the maximum sentence.
Differences Between Section 8 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 8 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 8(1) | Amount of fine, liability in default of payment of fine, etc | 63 | IPC section is included as a subsection in BNS with the addition of words ‘liability in default of payment of fine, etc.’ in the heading. |
| 8(2) | Sentence of imprisonment for nonpayment of fine. | 64 | IPC section is included as a sub-section in BNS sans heading. |
| 8(3) | Limit to imprisonment for nonpayment of fine, when imprisonment and fine awardable. | 65 | Ditto. |
| 8(4) | Description of imprisonment for nonpayment of fine. | 66 | The IPC section is included as a subsection in BNS, sans heading. ‘or in default of community service’ is added. |
| 8(5) | Imprisonment for non-payment of fine, when offence punishable with fine only. | 67 | IPC section is included as a sub-section in BNS, sans heading. Words ‘or in default of community service’ are added. Imprisonment and fine are increased. |
| 8(6) | Imprisonment to terminate on payment of fine. Termination of imprisonment on payment of proportional part of fine. | 68 & 69 | Heading is dropped as two sections of IPC are merged in this one sub-section of BNS. |
| 8(7) | Fine leviable within six years, or during imprisonment. Death not to discharge property from liability. | 70 | Section is included as sub-section in BNS, sans heading |
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FAQs about Section 8 of the Bharatiya Nyaya Sanhita (BNS)
What is Section 8 of the Bharatiya Nyaya Sanhita?
Section 8 outlines the penalties related to fines and liabilities for defaulting on payments.
What is the BNS section?
The BNS sections refer to the various provisions and legal guidelines established in the Bharatiya Nyaya Sanhita.
What is BNS Section 9?
Section 9 addresses the imposition of additional penalties for repeated offences.
What offense is outlined in Section 8 of the BNS?
Section BNS pertains to the amount of the fine, liability for default in payment of the fine, and related matters.
To which chapter of the Bharatiya Nyaya Sanhita 2023 does Section 8 of the BNS belong?
Section 8 of the BNS is part of Chapter II, which addresses punishments in the Bharatiya Nyaya Sanhita 2023 Act.
What is Chapter 8 of the BNS?
CHAPTER 8 OF BNS – OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE. Aiding or abetting mutiny, or attempting to seduce any soldier, sailor or airmen from his duty. Abetment of mutiny, if any mutiny is committed consequent thereon.
Under what circumstances does BNS Section 8 4 prescribe punishment?
Failure to pay fine or serve community service - BNS-08(5): If the offence is one that is subject to punishment by fine or community service, and he fails to pay the fine or serve the community service the Court shall commit him to summary imprisonment.
