Sentence of imprisonment in default of fine
Section 24 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with sentence of imprisonment in default of fine. 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; The Act came into force on 01 Jul 2024.
(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.
Section 24, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 30 Sentences of imprisonment in default of fine Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vijayan vs Sadanandan K.
Decided under Code of Criminal Procedure 30, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
While awarding compensation under Section 357(3) of the Criminal Procedure Code, courts are within their jurisdiction to include a default sentence of imprisonment in case of non-payment of compensation. The combined reading of Section 357(3) Cr.P.C., Section 431 Cr.P.C. (which makes money other than fine recoverable as if it were a fine when recovery method is not otherwise expressly provided), and Section 64 IPC (which empowers courts to direct that in default of payment of fine, offender shall suffer imprisonment) authorizes courts to impose default sentences for non-payment of compensation awarded under Section 357(3).
On this section: Recognizes the power of the Court to impose a default sentence on non-payment of fine; cited as recognizing default sentence as legitimate court power
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Jasbir Singh @ Jassa vs State of Punjab
Decided under Code of Criminal Procedure 30, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Inordinate delay in execution of death sentence, though a significant factor, cannot by itself be the sole ground for commutation of death sentence. The delay must be considered along with the nature and gravity of the crime. Time spent in judicial proceedings and review petitions at the instance of the convict should not be counted as delay. Only undue and long delay in disposing of mercy petitions or delay at the instance of the executive is material. In the present case, there is no such inordinate delay, and the heinous nature of the crime (cold-blooded murder of a 16-year-old child for ransom) precludes commutation of death sentence to life imprisonment.
On this section: Confinement of prisoners under sentence of death in separate cells
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 24
What have the courts held on Section 24 of the Bharatiya Nagarik Suraksha Sanhita?
Vijayan vs Sadanandan K. (05 May 2009) is the leading judgment on this section among those set out below, though it was decided under CRPC 30, which this section replaced -- the court never mentioned this Act: Recognizes the power of the Court to impose a default sentence on non-payment of fine; cited as recognizing default sentence as legitimate court power. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2009 to 2019.
How do I find court cases under Section 24 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 24, section 24 BNSS, section 24 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vijayan vs Sadanandan K. (05 May 2009).
What should I read with Section 24 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 23 (Sentences which Magistrates may pass), so none of them can safely be read on its own. It carries forward CrPC 30 (Sentences of imprisonment in default of fine), so the judgments decided under that provision are the case law on this one.
When did Section 24 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 24 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 24, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.