Suspension of execution of sentence of imprisonment
Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with suspension of execution of sentence of imprisonment. 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 The Act came into force on 01 Jul 2024.
(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.
Section 464, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 424 Suspension of execution of sentence of imprisonment 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.
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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K.h.kayyummu Teacher vs State of Kerala
Decided under Code of Criminal Procedure 424, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Compensation ordered under Section 357(3) Cr.P.C can be paid in installments through an application under Section 424(1) Cr.P.C filed before the trial court, and the High Court's inherent jurisdiction under Section 482 Cr.P.C is not the appropriate remedy for seeking extension of time for compensation payment. The trial court has the discretion to entertain such applications and grant time extension, particularly when the petitioner bonafidely approached the High Court believing relief was available under Section 482 Cr.P.C.
On this section: Provides mechanism for seeking time extension for payment of money orders where imprisonment may be awarded on non-payment; court directed petitioner to file application under this section
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 464
What have the courts held on Section 464 of the Bharatiya Nagarik Suraksha Sanhita?
K.h.kayyummu Teacher vs State of Kerala (30 Sep 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 424, which this section replaced -- the court never mentioned this Act: Provides mechanism for seeking time extension for payment of money orders where imprisonment may be awarded on non-payment; court directed petitioner to file application under this section.
How do I find court cases under Section 464 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 464, section 464 BNSS, section 464 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. 1 reported judgment on this section is set out on this page, beginning with K.h.kayyummu Teacher vs State of Kerala (30 Sep 2014).
What should I read with Section 464 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 424 (Suspension of execution of sentence of imprisonment), so the judgments decided under that provision are the case law on this one.
When did Section 464 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 464 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 464, 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.