(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. D.—General provisions regarding execution
Bharatiya Nagarik Suraksha Sanhita
Section 464
Suspension of execution of sentence of imprisonment
⚡ Quick Answer Reference: Section 464 BNSS
- Provision: Section 464 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: If someone is sentenced to pay a fine and go to jail if they don't pay, the court can give them more time to pay the fine in installments. If the person pays the fine on time, they won't go to jail. But if they don't pay, they can be sent to jail.
What does Section 464 of BNSS say?
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What does Section 464 of BNSS mean?
Plain English Explanation
If someone is sentenced to pay a fine and go to jail if they don't pay, the court can give them more time to pay the fine in installments. If the person pays the fine on time, they won't go to jail. But if they don't pay, they can be sent to jail.
Practical Interpretation
This section allows courts to suspend the execution of a sentence of imprisonment if the offender pays the fine in installments. The court can release the offender on a bond or bail bond, conditioned for their appearance before the court on the date or dates on or before which payment of the fine or the installments thereof is to be made.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for courts to suspend the execution of a sentence of imprisonment if the offender pays the fine in installments, thereby giving them an opportunity to pay the fine without going to jail.
- •The offender has been sentenced to fine only and to imprisonment in default of payment of the fine.
- •The fine is not paid forthwith.
- •The court orders 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.
- •The offender executes a bond or bail bond, conditioned for their appearance before the court on the date or dates on or before which payment of the fine or the installments thereof is to be made.
Practical Example of Section 464 BNSS
Rajesh is sentenced to pay a fine of Rs. 10,000 and go to jail if he doesn't pay. However, the court allows him to pay the fine in three installments of Rs. 3,000 each, with the first installment due in 30 days. Rajesh pays the first installment on time and executes a bond or bail bond, conditioned for his appearance before the court on the date or dates on or before which payment of the fine or the installments thereof is to be made. If Rajesh pays the remaining installments on time, he won't go to jail. But if he doesn't pay, he can be sent to jail.
Frequently Asked Questions about Section 464 BNSS
Q: What is the punishment or consequence under Section 464 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is that the offender may be sent to jail if they don't pay the fine in installments.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 464 BNSS
What is Section 464 of BNSS?
Section 464 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Suspension of execution of sentence of imprisonment". In plain terms: If someone is sentenced to pay a fine and go to jail if they don't pay, the court can give them more time to pay the fine in installments. If the person pays the fine on time, they won't go to jail. But if they don't pay, they can be sent to jail.
What is the punishment under Section 464 of BNSS?
Section 464 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 464 of BNSS bailable or non-bailable?
Whether Section 464 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 464 of BNSS?
The essential elements of Section 464 of BNSS are: The offender has been sentenced to fine only and to imprisonment in default of payment of the fine.; The fine is not paid forthwith.; The court orders 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..
Landmark Judgments under Section 464 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 464
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