(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term— (a) is not in excess of the powers of the Magistrate under section 23; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.
Bharatiya Nagarik Suraksha Sanhita
Section 24
Sentence of imprisonment in default of fine
Englishहिंदी
⚡ Quick Answer Reference: Section 24 BNSS
- Provision: Section 24 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWER OF COURTS
- Jurisdiction: India
- Summary: This section allows a Magistrate Court to sentence a person to imprisonment if they cannot pay a fine, with certain limits on the length of imprisonment.
Statutory Content
What does Section 24 of BNSS say?
Indian StandardSection 24, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 24 (India)
Court Pleading StandardSection 24 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/24
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 24 of BNSS mean?
Plain English Explanation
This section allows a Magistrate Court to sentence a person to imprisonment if they cannot pay a fine, with certain limits on the length of imprisonment.
Practical Interpretation
In practice, this section gives Magistrates the power to impose imprisonment as an alternative to fines, ensuring that justice is served even if the offender cannot pay the fine.
Core Legal Purpose
The core purpose of this section is to provide an alternative form of punishment for those who cannot afford to pay fines, while also ensuring that the punishment is proportionate to the offence.
Key Legal Elements
- •The Magistrate must have the power to impose the imprisonment under section 23.
- •The term of imprisonment in default of payment of fine must not exceed one-fourth of the term of imprisonment that can be inflicted for the offence.
- •The key legal test is whether the imprisonment is in excess of the Magistrate's powers under section 23.
- •A key exception is that the imprisonment in default of payment of fine cannot exceed one-fourth of the term of imprisonment for the offence.
Practical Example
Practical Example of Section 24 BNSS
For example, if Rajesh is fined Rs 10,000 for a minor offence and cannot pay, the Magistrate can sentence him to imprisonment for a term not exceeding one-fourth of the maximum term for that offence. If the maximum term is 2 years, the imprisonment in default of payment of fine cannot exceed 6 months. This ensures that Rajesh is punished for the offence, even if he cannot pay the fine.
Common Questions (FAQ)
Frequently Asked Questions about Section 24 BNSS
Q: What is the punishment or consequence under Section 24 of BNSS?
The punishment under Section 24 is imprisonment in default of payment of fine, with the term of imprisonment limited to one-fourth of the term of imprisonment that can be inflicted for the offence.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who are convicted of an offence and cannot pay the fine imposed by the Magistrate.
Q: Is an offence under this section bailable or cognizable?
The offence under this section is not specifically classified as bailable or cognizable, as it deals with the punishment for an offence rather than the offence itself.
People Also Ask (PAA)
Common Questions about Section 24 BNSS
What is Section 24 of BNSS?
Section 24 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Sentence of imprisonment in default of fine". In plain terms: This section allows a Magistrate Court to sentence a person to imprisonment if they cannot pay a fine, with certain limits on the length of imprisonment.
What is the punishment under Section 24 of BNSS?
Section 24 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 24 of BNSS bailable or non-bailable?
Whether Section 24 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 24 of BNSS?
The essential elements of Section 24 of BNSS are: The Magistrate must have the power to impose the imprisonment under section 23.; The term of imprisonment in default of payment of fine must not exceed one-fourth of the term of imprisonment that can be inflicted for the offence.; The key legal test is whether the imprisonment is in excess of the Magistrate's powers under section 23..
Landmark Case Laws
Landmark Judgments under Section 24 BNSS
Patnahcucisdb94 High Court (10 8)
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