Section Overview
Section Number: IPC Section 64
Section Title: Sentence of imprisonment for non-payment of fine (default imprisonment)
Act: Indian Penal Code, 1860
Status: Active (conceptually retained under Bharatiya Nyaya Sanhita, 2023 sentencing framework)
Applicability: Applies when a court imposes a fine along with imprisonment and specifies a default imprisonment term in case of non-payment of fine.
Section Explanation
Simple Explanation (Plain English + Hinglish)
IPC Section 64 ka simple meaning hai:
Agar court kisi ko fine (jurmana) lagata hai aur wo person wo fine nahi deta, toh usko extra jail (default imprisonment) ho sakti hai.
Hinglish mein:
“Agar fine nahi diya, toh uski saza mein extra jail time add ho sakta hai.”
Legal Definition (Conceptual Interpretation)
Section 64 empowers courts to impose imprisonment in default of payment of fine. This imprisonment is not primary punishment but a coercive mechanism to ensure compliance with monetary penalty imposed by the court.
Practical Interpretation
- Court imposes: imprisonment + fine
- If fine is not paid:
- default imprisonment starts
- Purpose:
- ensure fine payment
- prevent offenders from ignoring monetary penalty
- It acts as enforcement tool, not separate offence
Punishment & Legal Classification
Punishment
- Imprisonment in default of fine
- Duration depends on court order and statutory limits of underlying offence
Bailable / Non-Bailable
Depends on underlying offence, not Section 64 itself
Cognizable / Non-Cognizable
Depends on main offence
Compoundable
Not applicable
Triable by
Court which imposed original sentence
IPC ↔ BNS Mapping
IPC Section: 64
BNS Equivalent: Default imprisonment mechanism under Bharatiya Nyaya Sanhita, 2023 sentencing framework
Status: Replaced structurally but principle retained
Real-Life Examples
Example 1
A person convicted for theft is fined ₹10,000 along with 1 year jail.
He serves jail but does not pay fine → court orders additional default imprisonment.
Example 2
A traffic offence includes fine.
Offender refuses payment intentionally.
Court activates default imprisonment until compliance or recovery.
Example 3
A fraud case includes heavy fine.
Convict delays payment → property attachment + default jail term imposed.
Landmark Judgments
Case Name: Shahejad Hasan Khan v. State of Maharashtra
Court: Supreme Court of India
Key Takeaway:
Court held that default imprisonment is a lawful mechanism to enforce payment of fine and is not a separate punishment for the offence.
Case Name: Shaheena Begum v. State of Karnataka
Court: Supreme Court
Key Takeaway:
Default imprisonment is coercive in nature and ends once fine is paid or recovered.
Legal Insights
When is this section applied?
- When convicted person does not pay court-imposed fine
- When fine recovery fails
- When court specifies default imprisonment clause
- For ensuring compliance with monetary punishment
Common Misuse Scenarios
- Thinking fine is optional after jail term
- Ignoring court-imposed monetary penalties
- Misunderstanding default jail as separate punishment
- Delay tactics to avoid payment
Defenses Available
- Proving inability to pay fine
- Requesting installment payment
- Seeking reduction or waiver via appeal
- Challenging excessive fine amount
- Demonstrating procedural irregularity