All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

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9.

Under the Bharatiya Nyaya Sanhita, 2023, if a person is ordered to pay a fine of₹4,000 but fails to do so, what is the maximum simple imprisonment the court may impose on the defaulter ?

A: One year
B: Two months
C: Four months
D: Six months

The answer is: B

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Explanation

B: Two months

EXPLANATION AS PER BHARATIYA NYAYA SANHITA, 2023 :

Section 8(5) BNS – Liability in default of payment of fine:

> If the offence is punishable with fine only or with community service, the imprisonment imposed in default of payment of the fine shall be simple imprisonment, and the term shall not exceed -

> (a) two months when the amount of the fine does not exceed five thousand rupees; 

> (b) four months when the amount of the fine does not exceed ten thousand rupees; and 

> (c) one year in any other case.

APPLICATION:

- Fine ordered = ₹4,000 (≤₹5,000).

- Maximum simple imprisonment in default = 2 months.

KEY POINTS:

- Default imprisonment is always simple (not rigorous).

- It runs in addition to any substantive imprisonment awarded.

- Imprisonment in default ends immediately when the fine is paid or recovered.

- This is a modernised provision under BNS (replacing the outdated low limits of the old IPC).