Section 464 BNSS: Suspension of execution of sentence of imprisonment (Formerly Section 424 CrPC)

Section 464 of Bharatiya Nagarik Suraksha Sanhita, 2023: Suspension of execution of sentence of imprisonment

Official Bare Act Text

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

(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 464

Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 424 of the CrPC, 1973) provides for the suspension of the execution of a sentence of imprisonment in default of payment of fine, permitting the court to grant installment or deferred payment options.

Installment & Deferred Payment Option: When an offender has been sentenced to fine only and to imprisonment in default of payment of fine, the Court may order that the fine be paid in full within thirty days, or in two or three installments.
Suspension of Default Imprisonment: The Court may suspend the execution of the sentence of imprisonment and release the offender on the execution of a bond, with or without sureties.
Commitment upon Default: If the fine or installment is not paid on or before the due date, the Court may immediately issue a warrant for default imprisonment.

Key Landmark Precedents:

Manish Jalan v. State of Karnataka, (2008) 8 SCC 225: The Supreme Court noted that fine payment extensions and installment facilities prevent indigent convicts from being plunged into prison prematurely.
Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: Highlighted that procedural codes favor flexibility in fine realization to enable convicts to generate funds without losing liberty.

Courtroom Practice & Strategic Litigation Guidance:

Whenever a hefty fine or victim compensation is imposed that the client cannot pay immediately, move an application under Section 464 offering an installment schedule and personal bond to suspend default imprisonment.