Under the general rule in section 8(4) of the Bharatiya Nyaya Sanhita, 2023, what determines the…
Section 8(4) ties the description of default imprisonment to one available for the offence. Section 8(5) separately prescribes simple imprisonment where its conditions are…
Choose your answer
Under the general rule in section 8(4) of the Bharatiya Nyaya Sanhita, 2023, what determines the description of imprisonment a court may impose in default of payment of a fine?
Answer and explanation
Correct answer C
Section 8(4) ties the description of default imprisonment to one available for the offence.
Section 8(5) separately prescribes simple imprisonment where its conditions are met.
Option feedback
Option A
The general rule depends on which descriptions are available for the offence.
Option B
Section 8(4) does not require rigorous imprisonment in every case.
Option C
Section 8(4) ties default imprisonment to a description to which the offender might have been sentenced for the offence.
Option D
The court's choice is limited to a description available for the offence.
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