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IPC 67

IPC Section 67 – Imprisonment for Non-Payment of Fine, When Offence Punishable With Fine Only | Explained & Free Legal Consultation
Section 67 · Indian Penal Code

IPC Section 67 – Imprisonment for Non-Payment of Fine, When Offence Punishable With Fine Only

Section 67 of the Indian Penal Code sets out a specific, tiered scale limiting how long an offender can be imprisoned in default of paying a fine, where the offence in question is punishable with fine only — no imprisonment option at all. This imprisonment must always be simple (not rigorous), and its maximum length scales with the size of the fine imposed, ranging from two months up to six months.

Nature: Sentencing cap, not an offence
Applies To: Offences punishable with fine only
Imprisonment Type: Simple imprisonment only
Scale: Up to 2/4/6 months, depending on fine amount
BNS 2023 equivalent: Section 8(5)
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Quick Answer: What Does Section 67 Mean?

In simple terms, Section 67 kicks in specifically for minor offences that carry only a fine (no imprisonment option under the offence itself). If a court, under the power granted by Section 64, decides to fix a default imprisonment term for non-payment of that fine, Section 67 caps exactly how long that term can be — and it scales with the size of the fine: up to 2 months if the fine is ₹50 or less, up to 4 months if it's ₹100 or less, and up to 6 months for any larger fine. Crucially, this default imprisonment must always be simple imprisonment — never rigorous — reflecting the comparatively minor nature of fine-only offences.

Applies specifically to offences punishable with fine only — no imprisonment option under the offence
Default imprisonment must always be simple, never rigorous
Three-tier scale based on fine size: up to 2, 4, or 6 months
Courts must give special reasons before ordering fine recovery after imprisonment has already been undergone

What is IPC Section 67?

IPC Section 67 sits in Chapter III of the Indian Penal Code, "Of Punishments," within the cluster of provisions dealing with fines (Sections 63–70). Where Section 64 gives courts the general power to fix a default-imprisonment term for unpaid fines, and Section 65 caps that term for offences carrying both imprisonment and fine, Section 67 fills the gap for the remaining category — offences punishable with fine only, where there's no underlying imprisonment sentence to calculate a fraction against.

Because these fine-only offences are, by their very structure, treated as the Code's least serious category (imprisonment isn't even an available punishment for the underlying offence itself), Section 67 deliberately imposes both a modest, specific scale of maximum default terms, and requires that any imprisonment imposed be simple rather than rigorous — ensuring the default consequence remains proportionate to the minor nature of the underlying offence.

Important Update: IPC to BNS Transition

With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 67 IPC now corresponds to Section 8(5) of the BNS, which retains the same substantive scale, consolidated within the broader restructured Section 8 dealing with fines.

The Three-Tier Scale Under Section 67

Fine of ₹50 or lessDefault imprisonment not exceeding 2 months
Fine of more than ₹50 but not exceeding ₹100Default imprisonment not exceeding 4 months
Fine of more than ₹100Default imprisonment not exceeding 6 months
Type of ImprisonmentSimple imprisonment only, never rigorous
Applies ToOffences punishable with fine only under the Code

These specific rupee thresholds date to the original 1860 Code and have not been amended for inflation, reflecting how dated some of the Code's numerical provisions can be by the time later legal commentary and judicial application catches up with modern monetary values — though the underlying three-tier structure and the six-month absolute ceiling remain the operative legal framework.

How Section 67 Relates to Neighbouring Provisions

  • Section 63 sets the general rule on the amount of a fine where no specific sum is expressed by the offence-defining provision.
  • Section 64 gives the court the general power to fix a default-imprisonment term for non-payment.
  • Section 65 caps the default term for offences carrying both imprisonment and fine, at one-fourth of the maximum imprisonment.
  • Section 67 (this section) sets the specific scale for offences punishable with fine only.
  • Section 68 provides that default imprisonment terminates as soon as the fine is paid or recovered by legal process.
  • Section 421 of the CrPC (and its BNSS successor) governs the practical mechanics of fine recovery, including attachment and sale of property, and requires courts to give special reasons before ordering such recovery after the offender has already undergone the default imprisonment.

Important Cases on Section 67

Chhattisgarh High Court

Raju Tiwari v. State of Chhattisgarh

The Chhattisgarh High Court held that, once an offender has already undergone the default imprisonment fixed for non-payment of a fine, a court cannot subsequently order recovery of the outstanding fine amount through legal process (under Section 421 of the Code of Criminal Procedure) without recording proper "special reasons" for doing so.

Principle relied on: Once an offender has "paid" for non-payment of a fine through the default imprisonment scale set under Section 67, subjecting them to a further recovery process requires the court to specifically justify this additional step — reinforcing that the default imprisonment scale is meant to represent a complete, proportionate consequence for the minor, fine-only offences it applies to.

Frequently Asked Questions on Section 67

What exactly does IPC Section 67 do?+
It sets a specific, tiered scale limiting the default imprisonment a court can impose for non-payment of a fine, where the offence is punishable with fine only.
Is Section 67 itself a punishable offence?+
No, it is a sentencing-cap provision governing the maximum default imprisonment for non-payment of a fine in fine-only offences; it does not define or punish any conduct itself.
What is the maximum default imprisonment under this section?+
Six months, applicable where the fine imposed exceeds ₹100; smaller fines carry shorter maximum default terms of 2 or 4 months.
Can the default imprisonment under Section 67 be rigorous?+
No, the section specifically requires that any such imprisonment be simple imprisonment only, reflecting the minor nature of fine-only offences.
What is the difference between Section 65 and Section 67 IPC?+
Section 65 caps the default term for offences carrying both imprisonment and fine, at one-fourth of the maximum imprisonment. Section 67 sets a specific, separate scale for offences punishable with fine only, where there's no imprisonment term to calculate a fraction against.
Can a court recover the fine after I've already served the default imprisonment?+
This is possible, but as held in Raju Tiwari v. State of Chhattisgarh, the court must record proper special reasons before ordering such recovery once the default imprisonment has already been undergone.
Do the rupee amounts in Section 67 reflect modern fine values?+
No, these specific thresholds (₹50 and ₹100) date to the original 1860 Code and have not been adjusted for inflation, though the underlying three-tier scale and six-month ceiling remain the operative legal framework.
Is Section 67 still valid after the BNS came into force?+
IPC Section 67 continues before 1 July 2024; conduct after that date is governed by Section 8(5) of the Bharatiya Nyaya Sanhita, 2023, which retains the same substantive scale.
Do I need a lawyer if I face default imprisonment for an unpaid fine?+
Yes, particularly to understand whether the correct default-imprisonment cap has been applied, and what recovery options may be available. Many lawyers, including our panel, offer a free initial consultation — call +91 94797 98899.
Disclaimer: This page is provided for general legal information and educational purposes only. It does not constitute legal advice. Consult a qualified advocate for guidance on your specific case, especially given the transition from IPC to BNS.
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