Section 24 of BNSS : Section 24: Sentence of imprisonment in default of fine.

Explanation using Example

Example 1:

Rajesh was found guilty of petty theft and was fined ₹5,000 by the Magistrate. However, Rajesh was unable to pay the fine. According to Section 24 of The Bharatiya Nagarik Suraksha Sanhita 2023, the Magistrate decided to impose a term of imprisonment in default of payment of the fine. The Magistrate, under the powers granted by Section 23, could impose a maximum imprisonment of 6 months for petty theft. Therefore, the Magistrate sentenced Rajesh to 1.5 months (one-fourth of 6 months) of imprisonment in default of payment of the fine.

Example 2:

Sita was convicted of causing grievous hurt and was sentenced to 2 years of imprisonment along with a fine of ₹20,000. Sita failed to pay the fine. Under Section 24, the Magistrate can impose an additional term of imprisonment in default of payment of the fine. Since the maximum term of imprisonment the Magistrate can impose for grievous hurt under Section 23 is 7 years, the additional imprisonment for default of fine cannot exceed one-fourth of this term, which is 1.75 years (21 months). Therefore, the Magistrate sentenced Sita to an additional 21 months of imprisonment in default of payment of the fine, in addition to her original 2-year sentence.