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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what fraction of the maximum prison term for…

Section 8(3) sets the ceiling at one-fourth of the maximum prison term fixed for the offence where imprisonment and fine are both punishments for it. For example, a maximum…

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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what fraction of the maximum prison term for an offence is the ceiling on imprisonment in default of a fine if the offence is punishable with imprisonment as well as fine?

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Answer and explanation

Correct answer B

Section 8(3) sets the ceiling at one-fourth of the maximum prison term fixed for the offence where imprisonment and fine are both punishments for it.

For example, a maximum term of four years gives a default-imprisonment ceiling of one year under this subsection.

Option feedback

Option A

One-third exceeds the one-fourth ceiling in section 8(3).

Option B

Section 8(3) caps the default term at one-fourth of the maximum prison term for the offence.

Option C

One-half is twice the statutory ceiling.

Option D

The full maximum term is four times the statutory ceiling.

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