Section 24 BNSS - Sentence of Imprisonment in Default of Fine
Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the imprisonment that a Magistrate may order when a fine is not paid. The provision links the default term to the Magistrate's sentencing powers under Section 23 and imposes an additional one-fourth ceiling where substantive imprisonment is also awarded.
Meaning and Scope of Section 24 BNSS
Section 24 deals with a specific sentencing consequence: imprisonment ordered because a fine has not been paid. It does not itself create an offence or prescribe a substantive punishment. The default term must be authorised by law and must remain within the limits imposed by Section 24 and the Magistrate's sentencing powers under Section 23.
Section 24 - Statutory Text
24. (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.
What Is Imprisonment in Default of Fine?
Imprisonment in default of fine is a term of imprisonment that may be directed when a person does not pay a fine imposed by the court. Section 24 authorises a Magistrate to impose such a term only to the extent permitted by law.
The default term is distinct from substantive imprisonment imposed as punishment for the offence itself. Section 24 therefore places separate limits on the period that may be ordered for non-payment of the fine.
Connection Between Section 24 and Section 23 BNSS
Section 24(1)(a) expressly provides that imprisonment in default of fine must not exceed the sentencing powers of the Magistrate under Section 23 - Sentences which Magistrates may pass.
This cross-reference is important because Section 23 fixes the sentencing authority of Chief Judicial Magistrates, Magistrates of the first class and Magistrates of the second class.
The One-Fourth Limitation Under Section 24(1)(b)
Where imprisonment has already been awarded as part of the substantive sentence, the additional imprisonment imposed in default of payment of fine cannot exceed one-fourth of the term of imprisonment that the Magistrate is competent to impose as punishment for the offence, apart from default imprisonment.
Accordingly, the one-fourth rule acts as an additional statutory ceiling in cases where substantive imprisonment and a fine are both part of the sentence.
Default Imprisonment May Be Additional to the Substantive Sentence
Section 24(2) provides that imprisonment awarded in default of payment of fine may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under Section 23.
The provision must therefore be read as a complete scheme: subsection (2) permits an additional default term, while subsection (1) and its proviso control the permissible extent of that additional imprisonment.
Section 24 at a Glance
| Issue | Rule under Section 24 BNSS |
|---|---|
| Power to impose default imprisonment | A Magistrate may award imprisonment in default of payment of fine where authorised by law. |
| General ceiling | The term cannot exceed the Magistrate's powers under Section 23. |
| Where substantive imprisonment is also imposed | The default term cannot exceed one-fourth of the term the Magistrate is competent to impose as punishment for the offence apart from default imprisonment. |
| Can default imprisonment be additional? | Yes. Section 24(2) permits it in addition to substantive imprisonment, subject to the statutory limits. |
Official Legal Resources
The current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be verified on the official India Code website. The Ministry of Home Affairs publishes the commencement notification and other official material relating to the new criminal laws.
This page is intended as a legal information resource. In a particular case, the substantive offence, fine imposed, sentencing power of the Magistrate, applicable recovery provisions and relevant judicial orders should also be examined.