Under Section 8(5) of the Bharatiya Nyaya Sanhita, 2023, the maximum default sentence of simple…

Under Section 8(5) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 67 of the Indian Penal Code, 1860), if an offence is punishable with fine or community service only, the imprisonment which the Court imposes in default of payment of the fine shall be simple imprisonment. The term of such default imprisonment cannot exceed two months when the amount of the fine does not exceed five thousand rupees, four months when the amount of the fine does not exceed ten thousand rupees, and one year in any other case. Where an offence is punishable with imprisonment as well as fine, Section 8(3) of the Bharatiya Nyaya Sanhita, 2023 limits default imprisonment to one-fourth of the maximum substantive term of imprisonment fixed for the offence.