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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, an offence is punishable with both…

Section 8(3) caps default imprisonment at one quarter of the statutory maximum term when the offence is punishable with imprisonment as well as a fine.

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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, an offence is punishable with both imprisonment and a fine. What fraction of the maximum term fixed for the offence is the upper limit on imprisonment in default of paying the fine?

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Answer and explanation

Correct answer B

Section 8(3) caps default imprisonment at one quarter of the statutory maximum term when the offence is punishable with imprisonment as well as a fine.

Option feedback

Option A

One third exceeds the statutory one-quarter cap.

Option B

Section 8(3) sets the cap at one quarter of the maximum term for the offence.

Option C

One half exceeds the statutory one-quarter cap.

Option D

The full maximum term is the reference point for calculating the cap. The default imprisonment cannot equal that full term under section 8(3).

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