BNS Section 8 - Fine Amount, Liability For Nonpayment

This BNS or Bharatiya Nyaya Sanhita Section 8 lays down the whole law about imposing fines, consequences of not paying the same, or imprisonment. This section brings together those stipulations already existing in IPC sections 63 to 70, thus giving a clear direction to all courts on matters relating to fine and its attendant penalties. The section clarifies the limits prescribed under different heads with regard to the amounts of fines, terms of imprisonment in default of payment, and procedure for recovery of fine. Such a section would ensure justice and uniformity in sentencing practice.

Simplified Explanation Of BNS Section 8

The explanation of Section 8 of the BNS is as follows:

Unlimited But Reasonable Fine

According to the IPC, if the offence does not have a fixed maximum monetary limit for levying a fine, then the court has the right to determine the fine to be imposed. The fine, however, must be reasonable and not in any way excessive, taking into account the facts and circumstances of each case.

Consequences Of Not Paying A Fine

In cases where the court convicts a person, either to imprisonment and a fine or else for only a fine, the court may order that in the event of non-payment of the fine the convict is to serve a term of imprisonment. This additional term of imprisonment is separate from other punishment awarded for the charged offence.

Maximum Imprisonment For Non-Payment Of Fine

A term of imprisonment for non-payment of a fine cannot exceed one-fourth of the maximum imprisonment term prescribed for the commission of that offence. For instance, where an offence is punishable with a maximum sentence of four years, the imprisonment for non-payment of a fine cannot exceed a term of one year.

Type Of Imprisonment For Default

The kind of imprisonment for defaults depends on the original punishment. In case the offence allows both imprisonment and a fine, such imprisonment would be rigorous or simple depending on the situation. However, in the case where an offence is punishable only with a fine, the imprisonment for default shall be simple.

Duration Of Imprisonment Based On Fine Amount

In the case of punishment by fine only, the procedures for determining the penalty for non-payment of fine are as follows:

• If the amount of fine is ₹5,000 or below, imprisonment may not exceed two months.
• If a fine up to ₹10,000 has been imposed, the period of imprisonment shall not exceed four months.
• For all other offences, maximum imprisonment can result as one year.

How A Fine Can Reduce Imprisonment

When the person is undergoing imprisonment for default, any payment of fine, partial or otherwise, shall reduce the period of imprisonment proportionately. For instance, a person sentenced to a default of four months of imprisonment for not paying a fine of ₹1,000 shall have his period reduced, proportionate to the ₹750 paid by him subsequently.

When Imprisonment Ends

In the following situations, the default imprisonment shall cease:

• Full payment of the fine.
• The fine being recovered by legal methods (i.e., seizure of property).

Recovery Of Fine Even After Imprisonment

The unpaid amount of fine may continue to be recovered as the best part of six years counting from the date of pronouncement of sentence, even after the completion of default imprisonment. The recovery shall be against the estate of a convicted person in the event of death, just like any other debt.

Key Details Of BNS Section 8

Practical Examples Illustrating BNS Section 8

A few examples based on Sec 8 of BNS are:

Fine & Imprisonment

A person is sentenced to a fine of ₹10,000 and 6 months imprisonment. If they fail to pay the fine, the court can order additional imprisonment, not exceeding 1.5 months (one-fourth of 6 months).

Fine-Only offence

A person is fined ₹4,000. If they fail to pay, they can be sentenced to simple imprisonment for up to two months.

Key Improvements & Changes: IPC Sections 63-70 to BNS Section 8

Section 8 of the Bharat Nyaya Sanhita (BNS) represents a landmark intervention to simplify and modernize laws surrounding fines and imprisonment for disobedience. It effectively merges different sections of the Indian Penal Code (IPC) into a cohesive structure that admits easier comprehension. With this streamlining, some of the redundant provisions are dispensed with, thereby enabling a clearer understanding of the law that applies to these instances.

While the principles underlying fines and default imprisonment remain substantially unchanged, the emphasis in BNS Section 8 is on the finer points of clarity. The language has been re-rendered into modern usage, which results in its being somewhat more accessible to both the legal practitioner as well as the laity. This reformatted structure will assist in an efficient and consistent application of the law.

Conclusion

The BNS Section 8 establishes a fine-and-imprisonment setting framework that lays out procedures for determining and enforcing fines by courts in a fair and consistent manner. This section further discusses consequences of non-payment - such as imprisonment - thus ensuring legality of procedure. It also details how to balance the upholding of judicial orders with the requisite protection of individual rights. This is to forestall arbitrary decisions for purposes of justly and evenly applying penalties within the legal system.

FAQs

A few FAQs are:

Q1- Why was IPC Sections 63-70 revised and replaced with BNS Section 8?

The revision aimed to consolidate and modernize the provisions related to fines and default imprisonment, improving clarity and efficiency.

Q2 - What are the main differences between IPC Sections 63-70 and BNS Section 8?

BNS Section 8 consolidates the provisions into a single section, making it easier to understand and apply. The language is also updated for modern legal understanding.

Q3 - Is BNS Section 8 a bailable or non-bailable offense?

BNS Section 8 does not define an offense. It outlines the rules for fines and default imprisonment. Therefore, it is neither bailable nor non-bailable.

Q4 - What is the punishment for offense under BNS Section 8?

BNS Section 8 does not prescribe punishments for specific offenses. It details how fines and default imprisonment are handled.

Q5 - What is the fine imposed under BNS Section 8?

BNS Section 8 explains how fines are imposed and recovered but does not impose specific fines.

Q6 - Is the offense under BNS Section 8 cognizable or non-cognizable?

BNS Section 8 does not define an offense. Therefore, it is neither cognizable nor non-cognizable.

Q7 - What is the BNS Section 8 equivalent of IPC Sections 63-70?

BNS Section 8 is the equivalent of IPC Sections 63, 64, 65, 66, 67, 68, 69, and 70.