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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

Section 464 BNSS: Suspension of execution of sentence of imprisonment

Corresponding CrPC
Section 424 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where an offender is sentenced to fine only with imprisonment in default and the fine is not paid forthwith, the Court may order that it be paid in full on or before a date not more than thirty days from the order, or in two or three instalments, the first within thirty days and the others at intervals of not more than thirty days. It may suspend execution of the imprisonment and release the offender on a bond or bail bond conditioned on appearance on the payment dates. If the fine or an instalment is not realised by the latest date, the Court may direct the imprisonment to be carried into execution at once. This also applies where an order for payment of money has been made, non-recovery of which may lead to imprisonment, and the money is not paid forthwith. If the person against whom the order was made fails to enter into the required bond, the Court may at once pass sentence of imprisonment.

Chapter XXXIV: Execution, Suspension, Remission And Commutation Of Sentences

  1. 453 Execution of order passed under section 409
  2. 454 Execution of sentence of death passed by High Court
  3. 455 Postponement of execution of sentence of death in case of appeal to Supreme Court
  4. 456 Commutation of sentence of death on pregnant woman
  5. 457 Power to appoint place of imprisonment
  6. 458 Execution of sentence of imprisonment
  7. 459 Direction of warrant for execution
  8. 460 Warrant with whom to be lodged
  9. 461 Warrant for levy of fine
  10. 462 Effect of such warrant
  11. 463 Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  12. 464 Suspension of execution of sentence of imprisonment
  13. 465 Who may issue warrant
  14. 466 Sentence on escaped convict when to take effect
  15. 467 Sentence on offender already sentenced for another offence
  16. 468 Period of detention undergone by accused to be set off against sentence of imprisonment
  17. 469 Saving
  18. 470 Return of warrant on execution of sentence
  19. 471 Money ordered to be paid recoverable as a fine
  20. 472 Mercy petition in death sentence cases
  21. 473 Power to suspend or remit sentences
  22. 474 Power to commute sentence
  23. 475 Restriction on powers of remission or commutation in certain cases
  24. 476 Concurrent power of Central Government in case of death sentences
  25. 477 State Government to act after concurrence with Central Government in certain cases