Under Section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what is the maximum imprisonment in default of…
Section 8(3) limits the default term to one-fourth of the maximum imprisonment fixed by law for the offence. The ceiling is calculated from the statutory maximum rather than…
Choose your answer
Under Section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what is the maximum imprisonment in default of payment of a fine for an offence punishable with both imprisonment and fine?
Answer and explanation
Correct answer B
Section 8(3) limits the default term to one-fourth of the maximum imprisonment fixed by law for the offence. The ceiling is calculated from the statutory maximum rather than from the sentence actually imposed.
Option feedback
Option A
The statutory ceiling is one-fourth of the maximum term fixed for the offence.
Option B
The ceiling is one-fourth of the maximum imprisonment prescribed for the offence.
Option C
The sentence actually imposed is not the measure under Section 8(3).
Option D
Section 8(3) fixes the ceiling at one-fourth of the statutory maximum.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision