Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter III: Power Of Courts

Section 24 BNSS: Sentence of imprisonment in default of fine

Corresponding CrPC: Section 30 CrPC

Bare Act text

(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.

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

Allows a Magistrate to award imprisonment in default of payment of fine, as authorised by law, within the Magistrate's powers under section 23. Where imprisonment is also part of the sentence, the default term cannot exceed one-fourth of the term the Magistrate can inflict for the offence.