Section 24 BNSS: Sentence of imprisonment in default of fine (Formerly Section 30 CrPC)

Section 24 of Bharatiya Nagarik Suraksha Sanhita, 2023: Sentence of imprisonment in default of fine

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Legal Commentary & Landmark Judgments: Section 24

Section 24 regulates the power of criminal courts to impose sentences of imprisonment in default of payment of fine, establishing statutory proportionality ceilings.

Default Imprisonment Power: Court may direct that in default of payment of fine, the offender shall suffer imprisonment.
Proportionality Limits: Term cannot exceed: (1) powers of the magistrate under Section 23; and (2) one-fourth of the maximum term of imprisonment fixed for the substantive offence.
Consecutive Operation: Default imprisonment is suffered in addition to any substantive sentence of imprisonment awarded.

Key Landmark Precedents:

Shantilal v. State of M.P. (2007) 11 SCC 243: The Supreme Court held that default imprisonment is not a sentence for the offence, but a penalty for non-compliance with the court's direction to pay; default sentences must be reasonable and proportional to the offender's financial condition.
Shahejadkhan Mahebubkhan Pathan v. State of Gujarat (2013) 1 SCC 570: Reduced default imprisonment where poor convicts were languishing in prison due to inability to pay hefty fines, reiterating the 1/4th ceiling.

Courtroom Practice & Strategic Litigation Guidance:

Calculate the 1/4th ceiling meticulously. If the substantive offence carries 2 years imprisonment, default imprisonment cannot exceed 6 months. Challenge any disproportionate default sentence in revision.