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With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date.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.
Legal Provision — Text of Section 67 IPC
This provision must be read together with Section 64 (the general power to fix a default-imprisonment term), Section 65 (the parallel cap applying where the offence carries both imprisonment and fine, limiting the default term to one-fourth of the maximum imprisonment), and Section 421 of the (now former) Code of Criminal Procedure, 1973, which governs the practical recovery of unpaid fines through means such as attachment and sale of property.
The Three-Tier Scale Under Section 67
| Fine of ₹50 or less | Default imprisonment not exceeding 2 months |
|---|---|
| Fine of more than ₹50 but not exceeding ₹100 | Default imprisonment not exceeding 4 months |
| Fine of more than ₹100 | Default imprisonment not exceeding 6 months |
| Type of Imprisonment | Simple imprisonment only, never rigorous |
| Applies To | Offences 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
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.