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Section424
The Code of Criminal Procedure, 1973

Suspension of execution of sentence of imprisonment

Repealed From 01 Apr 1974 Act 2 of 1974 As on 17 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 424 of the Code of Criminal Procedure, 1973 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 th The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

(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 instalments, 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, with or without sureties, 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 instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, 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.

D.-General provisions regarding execution

Section 424, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 464 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.

  1. K.h.kayyummu Teacher vs State of Kerala

    High Court 30 Sep 2014 Persuasive (High Court Single Judge)

    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

    Read the full order on eCourts India

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 424

What have the courts held on Section 424 of the Code of Criminal Procedure?

K.h.kayyummu Teacher vs State of Kerala (30 Sep 2014) is the leading judgment on this section among those set out below: 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 424 of the Code of Criminal Procedure?

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: CRPC 424, section 424 CRPC, section 424 of the Code of Criminal Procedure. People searching for it also type 424 crpc in bnss and 424 cr pc. 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 424 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 464 (Suspension of execution of sentence of imprisonment), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 424 of the Code of Criminal Procedure come into force?

Section 424 of the Code of Criminal Procedure, cited as CRPC 424, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.