Section 30 CrPC - Sentence of Imprisonment in Default of Fine

Section 30 of the Code of Criminal Procedure, 1973 governed the power of a Magistrate to impose imprisonment when a fine imposed by the court was not paid. This article explains the provision as it applied under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force.

Pre-BNSS law: This page deals with Section 30 CrPC in the legal framework applicable before the BNSS came into force on 1 July 2024. Under the BNSS, the corresponding provision is Section 24, while the sentencing powers of Magistrates are stated in Section 23.

Text of Section 30 of the Code of Criminal Procedure, 1973

30. Sentence of imprisonment in default of fine.

(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 29;

(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 29.

Meaning and Scope of Section 30 CrPC

Section 30 did not itself create a punishment for an offence. It regulated the Magistrate's power to prescribe a term of imprisonment that would operate if a fine lawfully imposed by the court was not paid. The default term therefore had to be authorised by the applicable penal law and remain within the statutory limits governing the Magistrate's sentencing power.

Limits on Imprisonment in Default of Fine

  • The default term had to be authorised by law.
  • It could not exceed the sentencing power of the Magistrate under Section 29 CrPC.
  • Where substantive imprisonment was also imposed, the default imprisonment could not exceed one-fourth of the term of imprisonment that the Magistrate was competent to impose as punishment for the offence, apart from imprisonment in default of fine.
  • Subject to these restrictions, the default imprisonment could be imposed in addition to the substantive sentence, even where the substantive sentence reached the maximum term awardable by that Magistrate under Section 29.

What Was Section 29 CrPC?

Section 29 CrPC prescribed the sentencing powers of different classes of Magistrates. Because Section 30 expressly referred to Section 29, the permissible default term could not be considered independently of the class of Magistrate and the Magistrate's lawful sentencing jurisdiction.

Substantive Imprisonment and Default Imprisonment

A substantive sentence of imprisonment is the punishment imposed for the offence itself. Imprisonment in default of payment of fine is the additional consequence specified by the court if the fine is not paid. Section 30 expressly permitted default imprisonment to be added to the substantive term, subject to the limitations stated in the section.

Corresponding Provision Under the BNSS

For the post-BNSS framework, Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with sentence of imprisonment in default of fine. Its reference to the sentencing powers of Magistrates is to Section 23 BNSS. The core structure of the former Section 30 CrPC is substantially retained in Section 24 BNSS.

Related CrPC Provisions

Section 30 should be read with Section 29 CrPC - Sentences which Magistrates may pass and, where relevant, Section 31 CrPC - Sentence in cases of conviction of several offences at one trial.

Note: This article is a general explanation of the statutory provision and should be read with the penal provision governing the particular offence and the law applicable to the proceeding.