Section 464 BNSS 2023: Suspension of Execution of Sentence of Imprisonment
Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a situation where a person has been sentenced to pay a fine and, in default of payment, to undergo imprisonment. It permits the Court, in appropriate cases, to allow time or instalments for payment and to suspend the default imprisonment subject to execution of a bond or bail bond.
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024. Section 464 forms part of Chapter XXXIV, which deals with execution, suspension, remission and commutation of sentences.
Text of Section 464 BNSS
464. (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may-
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith;
and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
Meaning and Scope of Section 464
The provision is intended to avoid immediate execution of imprisonment imposed only because a fine or other recoverable amount has not been paid at once. The power is discretionary: the Court may grant time, permit instalments, and suspend the default imprisonment on appropriate security for the offender's appearance.
- Fine plus default imprisonment: The section applies where imprisonment is attached to non-payment of a fine.
- Time for payment: The Court may allow payment within a period not exceeding thirty days from the order.
- Instalments: The fine may be divided into two or three instalments, subject to the statutory time limits.
- Suspension of default imprisonment: The Court may suspend imprisonment while allowing the offender time to pay.
- Bond or bail bond: Release may be made conditional on execution of a bond or bail bond securing appearance before the Court.
- Failure to pay: If the fine or instalment is not realised by the latest permitted date, the Court may direct immediate execution of the default imprisonment.
- Orders for payment of money: Sub-section (2) extends the same mechanism to certain orders for payment of money where imprisonment may follow non-recovery.
What Does "Suspension of Execution" Mean?
"Suspension of execution" means that the sentence of imprisonment is not immediately carried out. The sentence remains capable of enforcement, but its execution is postponed while the offender is given the opportunity to comply with the payment order and the conditions of the bond or bail bond.
When Can the Court Allow Instalments?
Under clause (a), the Court may direct payment either in full or in two or three instalments. The first payment date cannot be more than thirty days from the date of the order, and the interval between subsequent instalments cannot exceed thirty days.
Effect of Non-Payment
The relief under Section 464 is conditional. If the fine or any instalment is not realised on or before the final due date fixed by the Court, the Court may order that the imprisonment imposed in default of payment be executed at once.
Equivalent Provision under the Code of Criminal Procedure, 1973
| BNSS, 2023 | CrPC, 1973 | Subject |
|---|---|---|
| Section 464 | Section 424 | Suspension of execution of sentence of imprisonment in cases involving default in payment of fine or certain payment orders |
For older proceedings governed by the Code of Criminal Procedure, 1973, the corresponding provision is Section 424 CrPC. Applicability to a particular proceeding may depend on the relevant commencement, repeal and saving provisions and the facts of the case.
Official Sources
For the authoritative statutory text and current status of the legislation, see the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Updated: 12 September 2026