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CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES · C.—Levy of fine

Section 464: Suspension of execution of sentence of imprisonment

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 5 of our papers cite Section 464. Try these from the free papers:

  1. 1. Match List I (provision of the BNSS) with List II (period) and select the correct code: List I A. Latest date for payment of the first instalment of a fine where the Court orders payment in instalments (Section 464(1)(a)) B. Period for which an order for disposal of property at the conclusion of a trial is not carried out, where no bond is executed, the property is not livestock or perishable, and no appeal is presented (Section 498(4)) C. Period within which claimants must establish their claim to seized property under a proclamation issued by the Magistrate (Section 503(2)) D. Period after removal to a criminal jail on the lapse of which a civil prisoner is deemed released from the civil jail (Section 457(3)(a)) List II 1. Six months 2. Two months 3. Three years 4. Not more than thirty days from the date of the order

Practise questions on Bharatiya Nagarik Suraksha Sanhita