Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, where an offence is punishable with…
Section 8(3) fixes the default-imprisonment ceiling at one fourth of the maximum imprisonment for an offence punishable with imprisonment as well as fine. This is a cap on…
Choose your answer
Under section 8(3) of the Bharatiya Nyaya Sanhita, 2023, where an offence is punishable with imprisonment as well as fine, default imprisonment for non-payment of fine must not exceed what fraction of the maximum imprisonment fixed for the offence?
Answer and explanation
Correct answer B
Section 8(3) fixes the default-imprisonment ceiling at one fourth of the maximum imprisonment for an offence punishable with imprisonment as well as fine. This is a cap on imprisonment in default of fine, not an increase in the substantive offence maximum.
Option feedback
Option A
One half exceeds the statutory one-fourth cap.
Option B
One fourth is the cap expressly prescribed by section 8(3).
Option C
One eighth is less than the cap and is not the maximum fraction prescribed.
Option D
One sixth is less than the cap and is not the maximum fraction prescribed.
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