Indian Penal Code, 1860 · Chapter III: Of Punishments
Section 65: Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
If the offence is punishable with both imprisonment and fine, imprisonment for not paying the fine cannot exceed one-fourth of the maximum term of imprisonment for the offence.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 65
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Sukhdev Yadav @ Pehalwan v. State of (NCT of Delhi) & Others
Whether, an accused/convict who has completed his “life imprisonment for a fixed term” such as twenty years of actual sentence without remission, as in the instant case, is entitled to be released from prison on…
- Association of Victims of Uphaar Tragedy v. Sushil Ansal and Another
- Mohd. Arif @Ashfaq v. He Registrar, Supreme Court of India & Ors.
- Swamy Shraddananda @ Murali Manohar Mishra v. State of Karnataka
- Ashok Kumar Alias Golu v. Union of India and Ors.
- Chhajulal v. The State of Rajasthan