The Bharatiya Nyaya Sanhita of 2023 outlines several provisions related to fines and imprisonment, which can be compared with the corresponding Sections 64 to 70 of the Indian Penal Code. In the Sanhita, the concept of an unlimited fine without excessive imposition is introduced in cases where no specific sum is mentioned. This aligns somewhat with Section 64 of the Indian Penal Code, which also pertains to the limit of fines, but does not explicitly address the aspect of excessive imposition.
The Sanhita’s provision concerning offences punishable with both imprisonment and fines, allowing the court to stipulate imprisonment in default of fine payment, resembles the essence of Section 65 of the Indian Penal Code. The idea that imprisonment for defaulting in fine payment should not exceed one-fourth of the maximum imprisonment prescribed for the offence echoes the principle in Section 65 of the Penal Code.
Similarly, the Sanhita’s concept of imprisonment in default of fine being of the same nature as the main offence corresponds with Section 66 of the Indian Penal Code. However, the Sanhita introduces specific terms of imprisonment for different fine amounts, a detail not mirrored directly in the Indian Penal Code.
The Sanhita’s provision stating that imprisonment imposed in default of fine terminates upon payment aligns with the principles in Sections 69 and 70 of the Indian Penal Code. Lastly, the Sanhita’s stipulation that unpaid fines may be levied within six years and that the death of the offender does not discharge liability for unpaid fines deviates from the specific provisions of the Indian Penal Code.
| Bharatiya Nyaya Sanhita, 2023 | Sections 64 to 70 of the Indian Penal Code |
| (1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. | Section 64 of the Indian Penal Code provides for the maximum limit of fine; however, it does not explicitly state that the fine shall not be excessive. |
| (2) In cases of offences punishable with imprisonment as well as fine, where the offender is sentenced to a fine, the court can direct that in default of payment of the fine, the offender shall suffer imprisonment for a certain term. | Section 65 of the Indian Penal Code deals with imprisonment in default of payment of fine and provides that the term of imprisonment shall not exceed one-fourth of the term of imprisonment for the offence. |
| (3) The term for which the Court directs imprisonment in default of fine shall not exceed one-fourth of the maximum imprisonment fixed for the offence. | This is in line with the provisions of Section 65 of the Indian Penal Code. |
| (4) Imprisonment imposed in default of fine or community service can be of any description as for the offence. | Section 66 of the Indian Penal Code lays down that imprisonment in default of payment of fine shall be simple unless otherwise stated in the sentence. |
| (5) Imprisonment for default in payment of fine or community service shall not exceed a certain term based on the amount of the fine. | There is no direct equivalent provision in the Indian Penal Code regarding imprisonment based on the amount of fine. |
| (6) The imprisonment imposed in default of fine shall terminate when the fine is paid or levied. | This is aligned with the principles stated in Sections 69 and 70 of the Indian Penal Code, where the imprisonment shall terminate upon payment of the fine. |
| (7) The fine or any unpaid part thereof may be levied within six years of the sentence, and the death of the offender does not discharge liability. | Section 70 of the IPC. |