Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 465: Suspension of Execution of Sentence of Imprisonment
(1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may—
(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;
(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realized on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.
(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment.
Brefe Detail
This section outlines the conditions under which a court may suspend the execution of a sentence of imprisonment when an offender is sentenced to pay a fine. It provides the court with the authority to allow payment in installments and to suspend imprisonment based on the offender's compliance with certain conditions, including executing a bond for appearance.
Question & Answers
Q1: What can the Court do if an offender does not pay the fine immediately?
A1: The Court may order that the fine be paid either in full by a specific date or in installments and can suspend the execution of the imprisonment sentence.
Q2: What conditions must an offender meet to have their sentence of imprisonment suspended?
A2: The offender must execute a bond, with or without sureties, conditioned for their appearance in court on specified dates for payment of the fine or installments.
Q3: What happens if the fine or any installment is not paid by the due date?
A3: If the fine or any installment is not realized by the latest date specified, the Court may direct the immediate execution of the sentence of imprisonment.
Q4: Does section 465 apply to cases involving orders for the payment of money other than fines?
A4: Yes, the provisions also apply in cases where an order for payment has been made, and imprisonment may be awarded for non-recovery of the amount.
Example
- Example 1: An offender is sentenced to a fine of ₹10,000. The Court orders that this fine be paid in two installments, with the first due within thirty days. If the offender fails to pay the first installment, the Court can execute the sentence of imprisonment.
- Example 2: If a person is ordered to pay a compensation amount and fails to enter into a bond for payment, the Court may pass a sentence of imprisonment immediately.
Summary
Section 465 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a framework for suspending the execution of imprisonment for offenders sentenced to pay fines. It allows for flexibility in payment terms while ensuring that failure to comply can lead to immediate imprisonment.
