Amount of fine, liability in default of payment of fine, etc
What this section does
This section governs the imposition and recovery of fines. Where no maximum fine is specified, the fine is unlimited but must not be excessive. Courts may direct imprisonment in default of payment of fine, subject to prescribed limits based on the nature of the offence and the amount of the fine. It also provides for proportional early release when part of the fine is paid, and allows levy of unpaid fines within six years of sentencing (or the duration of the sentence if longer). The death of the offender does not extinguish liability against their estate.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Practitioner note
Sub-sections (4) and (5) now expressly address default of community service alongside default of fine payment, reflecting the new community service punishment. The cap on default imprisonment for fine-only offences is tiered by fine amount (up to 2 months for fines up to ₹5,000; up to 4 months for fines up to ₹10,000; up to 1 year otherwise).
Derived from IPC s.63.
Read the official text
For the binding statutory text of BNS Section 8, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 8 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.