What is IPC Section 64?
IPC Section 64 sits in Chapter III of the Indian Penal Code, "Of Punishments," within the cluster of provisions specifically dealing with fines and the mechanics of collecting them (Sections 63–70). Fines are one of the core forms of punishment the Code recognises, but a fine that carries no consequence for non-payment would, in practice, be unenforceable against anyone unwilling or genuinely unable to pay. Section 64 addresses this by empowering courts to attach a specific, separately fixed term of imprisonment that takes effect only if the fine is not paid.
The section applies broadly — covering offences punishable with both imprisonment and fine, offences punishable with imprisonment or fine (the court's choice), and offences punishable with fine only — ensuring this default-imprisonment mechanism is available across virtually the full range of fine-carrying offences in the Code.
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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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 64 IPC now corresponds to Section 8(2) of the BNS, which consolidates this provision, along with the amount-of-fine rule (formerly Section 63) and several other related fine-mechanics provisions, into a single, restructured Section 8.
Legal Provision — Text of Section 64 IPC
This provision must be read together with Section 63 (which sets the general rule on the amount of fine, where no specific sum is expressed), Section 65 (which caps the default imprisonment term at one-fourth of the maximum imprisonment fixed for the offence, where both imprisonment and fine are prescribed), and Section 67 (which sets a specific scale of default imprisonment for offences punishable with fine only).
Nature & Scope of Section 64
| Nature of Provision | Sentencing-enablement power — it does not create or punish any offence itself, but empowers courts to attach a default-imprisonment consequence to unpaid fines |
|---|---|
| When It Applies | Any offence punishable with fine — whether alongside imprisonment, as an alternative to imprisonment, or as the sole punishment |
| Discretionary or Mandatory | Discretionary — the section states it "shall be competent" for the court to make such a direction, not that it must |
| Relationship to Other Imprisonment | The default term must be in excess of, and additional to, any other imprisonment already imposed or liable under a commuted sentence |
| Maximum Limits | Set separately, under Section 65 (where both imprisonment and fine apply) and Section 67 (where fine alone applies) |
| BNS 2023 Equivalent | Section 8(2), consolidated within the broader restructured fine-mechanics provision |
Because Section 64 is a general enabling power, its practical operation is heavily shaped by the caps and procedural safeguards found in the surrounding provisions — courts are not free to fix an unlimited or arbitrary default term, and modern procedural law generally expects genuine efforts at fine recovery before imprisonment is actually enforced.
How Section 64 Relates to Neighbouring Provisions
- Section 63 sets the general rule on the amount of a fine, where no specific sum is expressed by the law defining the offence.
- Section 64 (this section) empowers courts to direct default imprisonment where a fine is imposed and goes unpaid.
- Section 65 caps the default imprisonment term at one-fourth of the maximum imprisonment prescribed for the offence, where both imprisonment and fine apply.
- Section 66 specifies that imprisonment for non-payment of fine may be of either description (simple or rigorous), within the limits of the sentence the court is otherwise authorised to impose.
- Section 67 sets a specific scale of maximum default imprisonment for offences punishable with fine only.
- Section 69 allows the default imprisonment to terminate early upon payment of a proportional part of the fine.