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BNSS, 2023
Start Practicing
BNSSChapter XXXIVSection 464
Section464

Suspension of execution of sentence of imprisonment

AI Assist

Summary

When a person is sentenced only to a fine with imprisonment in default, the Court can give time to pay — up to 30 days or in two or three installments — and suspend the jail term. The Court may release the person on a bond or bail bond requiring appearance and payment by the due dates. If the fine or any installment is not paid by the final date, the Court can order immediate execution of the prison sentence.

Example

Ravi is fined ₹5,000 with imprisonment in default. He cannot pay immediately, so the Court allows two installments with the first due within 30 days and suspends the jail term if Ravi executes a bond to appear and pay. When Ravi misses the second installment, the Court orders the prison sentence to be carried into execution.

Bare Act

Enacted text

(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.

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XXXIV

Chapter XXXIV

Execution, Suspension, Remission and Commutation of Sentences

In this chapter

  • 453Execution of order passed under section 409
  • 454Execution of sentence of death passed by High Court
  • 455Postponement of execution of sentence of death in case of appeal to Supreme Court
  • 456Commutation of sentence of death on pregnant woman
  • 457Power to appoint place of imprisonment
  • 458Execution of sentence of imprisonment
  • 459Direction of warrant for execution
  • 460Warrant with whom to be lodged
  • 461Warrant for levy of fine
  • 462Effect of such warrant
  • 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend
  • 464Suspension of execution of sentence of imprisonment
  • 465Who may issue warrant
  • 466Sentence on escaped convict when to take effect
  • 467Sentence on offender already sentenced for another offence
  • 468Period of detention undergone by accused to be set off against sentence of imprisonment
  • 469Saving
  • 470Return of warrant on execution of sentence
  • 471Money ordered to be paid recoverable as a fine
  • 472Mercy petition in death sentence cases
  • 473Power to suspend or remit sentences
  • 474Power to commute sentence
  • 475Restriction on powers of remission or commutation in certain cases
  • 476Concurrent power of Central Government in case of death sentences
  • 477State Government to act after concurrence with Central Government in certain cases
Previous · Section 463Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extendNext · Section 465Who may issue warrant