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Under the Bharatiya Nyaya Sanhita, 2023, which of the following options correctly states the maximum…

The default term cannot exceed one-fourth of the maximum imprisonment fixed for the offence. This limit concerns imprisonment for nonpayment of the fine, rather than the…

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Under the Bharatiya Nyaya Sanhita, 2023, which of the following options correctly states the maximum duration of imprisonment which the Court may direct an offender to undergo in case of non-payment of fine in offences punishable with imprisonment as well as fine?

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Correct answer A

The default term cannot exceed one-fourth of the maximum imprisonment fixed for the offence. This limit concerns imprisonment for nonpayment of the fine, rather than the substantive sentence for the offence.

Why not "one-half of the term of imprisonment which is the maximum fixed for the offence"? A half of the offence’s maximum term would exceed the limit fixed for default imprisonment in this category. The calculation uses the statutory maximum as its reference point, but the multiplier is smaller. Confusing the reference term with the permitted fraction produces an excessive default term.

Why not "one-third of the term of imprisonment which is the maximum fixed for the offence"? One-third is not the prescribed fraction and is greater than the statutory ceiling. The provision specifically restricts how long an offender may be imprisoned for failing to pay a fine. The court’s discretion operates within that limit rather than among interchangeable fractional amounts.

Why not "equal to the term of imprisonment which is the maximum fixed for the offence"? Using the entire maximum imprisonment term would erase the separate limitation governing default of fine. The default consequence is controlled by a fraction of the offence’s maximum, not by that maximum in full. The distinction protects against treating the unpaid fine as an unrestricted additional prison sentence.

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