Introduction to Section 24 of BNSS
This section is part of Chapter III of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ensures that if a person fails to pay a fine ordered by the Court, they can be punished with additional imprisonment. However, the extra jail time must be within legal limits and cannot be too harsh. It balances justice and fairness by protecting the rights of the accused while maintaining the Court’s authority.
What is BNSS Section 24 ?
BNSS Section 24 explains the power of a Magistrate to send a person to jail if they do not pay a fine imposed by the Court. This is known as “imprisonment in default of fine”. However, the law puts some limits on how much imprisonment can be given in such cases. The section also ensures that the punishment remains fair and within the Magistrate’s legal powers.
BNSS Section of 24 in Simple Points
1. Power of Magistrate to Impose Jail for Non-Payment of Fine
BNSS Section 24 gives the Magistrate the power to award jail time to a person who fails to pay a fine imposed by the Court. This is called “imprisonment in default of fine”. It means if someone is convicted and the Court orders them to pay a certain fine, but they do not pay it, the Court can order that person to go to jail for a specific time. This power ensures that court orders are respected and fines are not ignored. It acts as a warning to all convicts that failing to pay the penalty may lead to jail.
2. Jail Time Must Be Within Magistrate’s Powers Under Section 23
The Court must follow the limits given in BNSS Section 23 while awarding jail in default of fine. For example, a Magistrate of the second class can only give jail up to 1 year as per Section 23, so the default jail time cannot cross this limit. This provision protects the rights of the accused and prevents the misuse of power by limiting how long a person can be jailed for not paying fines. It ensures fairness and legal control over sentencing.
3. Jail in Default Cannot Be More Than One-Fourth of Maximum Punishment
If the Court has already given a substantive jail sentence (i.e., punishment of imprisonment along with the fine), then the extra jail time for not paying the fine must not be more than one-fourth of the maximum jail time the Magistrate can give for that offence. For example, if the Magistrate can give up to 4 years for an offence, then default jail for not paying fine must not exceed 1 year. This rule is added to prevent the convict from being punished too harshly.
4. Default Jail Can Be Added to Original Punishment
The jail awarded in default of fine is not counted as part of the main punishment. It can be added on top of the existing jail sentence. For example, if the Magistrate gives a 3-year jail term and a fine, and the person does not pay the fine, then the Magistrate may give additional jail time (within limits). This ensures that fines are paid seriously and not taken lightly, while also maintaining the total punishment within the law.
5. Purpose Is to Enforce Court Orders, Not to Be Excessive
The main aim of Section 24 is to ensure that Court judgments are respected and fines are not avoided. At the same time, this section also ensures that the punishment remains fair and just. The restrictions on the default jail time protect the accused from excessive punishment. This balance is important in criminal law, as it promotes justice while avoiding cruelty or harsh treatment. It shows that the law respects both the rights of the convict and the authority of the Court.
Section 24 of BNSS Overview
BNSS Section 24 talks about sending a person to jail if they do not pay a fine imposed by the Court. This is called “imprisonment in default of fine.” The Court uses this when a person does not obey the order to pay the fine. But the jail time should not be more than what the Magistrate is allowed to give. The section ensures that court fines are taken seriously and not avoided. It also sets limits so that the punishment is not too harsh. The Court cannot go beyond the powers given under Section 23. This section balances justice with fairness.
BNSS 24 : Explain 10 Key Points
1. Imprisonment in Default of Fine is a Legal Option
The Court has the legal right to send someone to jail if they do not pay the fine. This power is given to ensure that fines imposed by the Court are not taken lightly. When a convict does not pay the fine within the time allowed, the Court may issue a warrant to arrest the person and send them to jail. This is called imprisonment in default of payment. The Court treats this as an extra punishment for ignoring the fine, not as the main punishment. It acts as a tool to enforce justice and discipline. However, this default jail must be lawful and properly recorded. It cannot be given casually or without legal justification.
2. Imprisonment Term Must Be Within Magistrate’s Power (Section 23)
The Magistrate cannot give a longer jail sentence than what is allowed under Section 23. For example, if a Magistrate of the second class can give a maximum of 1 year of imprisonment, they cannot give more than that even in default of fine. This ensures that the Court does not misuse its powers. It also protects the rights of the person convicted. The Magistrate must always check what limits are set for their level. This maintains the balance between punishment and justice. The law aims to be fair and controlled at all levels of the judiciary.
3. One-Fourth Rule When Main Jail Sentence is Also Given
If the Court gives both imprisonment and fine as punishment, and the fine is not paid, the additional jail term cannot be more than one-fourth of the original maximum term. For example, if the maximum jail term a Magistrate can give is 4 years, then default imprisonment must not exceed 1 year. This keeps the punishment within fair limits. It prevents the Court from adding too much jail time just because the fine wasn’t paid. This is a safety rule in the law to avoid injustice. It shows that the law considers both punishment and humanity.
4. Default Imprisonment is Separate from Main Sentence
The default jail time is not included in the main punishment. It is added only if the convict does not pay the fine. That means if the convict pays the fine, there will be no default jail. This helps the convict avoid additional punishment by following the Court’s order. The court also saves jail resources this way. It gives the accused a fair chance to follow the law. This separation is important in maintaining transparency and fairness in legal proceedings. It also reduces unnecessary imprisonment.
5. Court Must Clearly Mention the Default Jail in the Judgment
The Magistrate must clearly mention in the final order how much jail time will be given if the fine is not paid. This is called the “default clause” and is mandatory in legal writing. Without this, the jail time cannot be enforced later. The convict must be fully informed about this consequence. This keeps the court’s actions transparent. It also gives the accused a clear picture of their responsibilities. This helps in better understanding and compliance with the legal order.
6. Fine and Jail Both Can Be Enforced
Even if the convict goes to jail for not paying the fine, the fine is still not cancelled. The government can still recover the fine from the convict’s property, salary, or other sources. This means jail is only a punishment, not a replacement. The convict has to serve the default sentence and still pay the fine. This discourages people from avoiding fines. It ensures better recovery of government dues. It also builds seriousness around monetary penalties.
7. Only Magistrates Can Use This Section (Not Higher Courts)
BNSS Section 24 is mostly used by Magistrates in lower courts. High Courts and Sessions Courts generally deal with more serious offences and bigger punishments. This section is designed to help Magistrates enforce small punishments where fines are common. It supports the working of local justice. The provision is made for quick and efficient enforcement at the base level of the legal system. It ensures that even minor offenders take punishment seriously. It strengthens the authority of Magistrates in everyday legal matters.
8. Used Mostly in Minor Offences
This section is commonly used in cases like petty theft, traffic offences, public nuisance, and simple cheating. In such offences, the Court usually imposes a small fine instead of a long jail term. But many times, offenders ignore the fine or delay it. To handle this, the Magistrate uses Section 24 to send them to jail. This creates a fear of legal action. It helps to ensure that all offenders, even in minor cases, are held accountable. It also saves court time in chasing repeated defaulters.
9. No Community Service Allowed Instead of Default Jail
If a person does not pay a fine, they cannot ask to do community service instead of going to jail. Community service is only allowed as a main punishment under Section 23 and not as a replacement for default jail. Section 24 is strict about jail in default of fine. Courts cannot replace this with alternative punishments unless specifically mentioned in law. This avoids confusion in sentencing. It also keeps the law uniform and fair. So, default jail is a final and direct consequence of not paying a fine.
10. Purpose is to Ensure Obedience and Discipline in Justice
The main aim of BNSS Section 24 is not just to punish but also to create discipline in the justice system. If there was no fear of default jail, many people would ignore fines. This section makes sure that Court orders are respected. It teaches responsibility to the convict and to society. It also helps the courts collect fines and enforce justice faster. The section adds weight to the Court’s decisions. In short, it brings strength and seriousness to the legal system.
Section 24 of BNSS Short Information
| Point | Explanation |
|---|---|
| Section Name | BNSS Section 24 |
| Topic | Imprisonment in Default of Fine |
| Who Has Power? | Magistrates |
| Main Rule | Jail can be awarded if fine is not paid |
| Limits on Jail Time | Jail time must not go beyond Magistrate’s powers under BNSS Section 23 |
| Maximum Allowed | Jail in default can’t be more than 1/4th of the max jail term for that offence |
| Additional Jail? | Yes, it can be in addition to normal punishment |
| Purpose | To ensure fines are paid or there is an alternative punishment |
BNSS Section 24 FAQs
BNSS 24
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