Section 8 of BNS : Section 8: Amount of fine, liability in default of payment of fine, etc.

Explanation using Example

Example 1:

Scenario: Raj is convicted of theft and is sentenced to a fine of ₹10,000 and six months of imprisonment in default of payment.

Application:

1. Raj is required to pay a fine of ₹10,000.
2. If Raj fails to pay the fine, he will have to serve an additional six months in prison.
3. If Raj pays ₹5,000 (half of the fine) before the expiration of three months of imprisonment, he will be released after serving three months.
4. If Raj pays ₹7,500 (three-fourths of the fine) before the expiration of one and a half months of imprisonment, he will be released after serving one and a half months.

Example 2:

Scenario: Priya is convicted of a minor traffic violation and is sentenced to a fine of ₹3,000. The court also states that in default of payment, Priya will serve two months of simple imprisonment.

Application:

1. Priya is required to pay a fine of ₹3,000.
2. If Priya fails to pay the fine, she will have to serve two months of simple imprisonment.
3. If Priya pays ₹1,500 (half of the fine) before the expiration of one month of imprisonment, she will be released after serving one month.
4. If Priya pays ₹2,000 (two-thirds of the fine) before the expiration of one and a half months of imprisonment, she will be released after serving one and a half months.

Example 3:

Scenario: Suresh is convicted of public nuisance and is sentenced to community service for 30 days or a fine of ₹5,000. The court states that in default of payment or community service, Suresh will serve two months of simple imprisonment.

Application:

1. Suresh has the option to either complete 30 days of community service or pay a fine of ₹5,000.
2. If Suresh fails to complete the community service or pay the fine, he will have to serve two months of simple imprisonment.
3. If Suresh completes 15 days of community service and pays ₹2,500 (half of the fine), he will be released after serving one month of imprisonment.
4. If Suresh completes 20 days of community service and pays ₹1,000 (one-fifth of the fine), he will be released after serving 20 days of imprisonment.

Example 4:

Scenario: Anil is convicted of fraud and is sentenced to a fine of ₹20,000 and one year of imprisonment in default of payment.

Application:

1. Anil is required to pay a fine of ₹20,000.
2. If Anil fails to pay the fine, he will have to serve an additional one year in prison.
3. If Anil pays ₹10,000 (half of the fine) before the expiration of six months of imprisonment, he will be released after serving six months.
4. If Anil pays ₹15,000 (three-fourths of the fine) before the expiration of three months of imprisonment, he will be released after serving three months.
5. The fine or any part thereof which remains unpaid can be levied at any time within six years after the passing of the sentence.
6. If Anil dies, his property remains liable for the unpaid fine, similar to how it would be liable for his debts.