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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what is the maximum imprisonment a court may…

Section 8(3) of the Bharatiya Nyaya Sanhita, 2023, limits default imprisonment to one quarter of the maximum term fixed for the offence when the offence is punishable with…

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Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, what is the maximum imprisonment a court may direct in default of payment of a fine for an offence punishable with imprisonment as well as fine?

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Answer and explanation

Correct answer B

Section 8(3) of the Bharatiya Nyaya Sanhita, 2023, limits default imprisonment to one quarter of the maximum term fixed for the offence when the offence is punishable with imprisonment as well as fine.

The calculation uses the statutory maximum, regardless of the term actually imposed.

Option feedback

Option A

One half exceeds the statutory one-quarter cap.

Option B

The cap is one quarter of the maximum term fixed for the offence.

Option C

The full maximum exceeds the statutory cap for default imprisonment.

Option D

The statutory reference is the maximum fixed for the offence, which may differ from the sentence imposed.

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