IPC Section 70 - Fine Leviable Within Six Years, Death Not to Discharge Property from Liability

In criminal cases, fines are often imposed along with or instead of imprisonment. But what if the fine is not immediately paid? Can the State recover it after years? What happens if the offender dies before paying? The answers are provided under Section 70 of the Indian Penal Code (IPC), which ensures that fines remain enforceable even after time has passed, and even after the offender’s death- through their property.

What We will Cover in This Blog:

• The legal text and meaning of IPC Section 70
• How it connects with Sections 63–69 of IPC
• Practical scenarios where this section applies
• Judicial interpretation
• Its modern-day relevance
• Common FAQs

Legal Text of IPC Section 70

Section 70. Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.

"The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts."

Simplified Explanation

• A fine imposed by the court can be recovered within six years from the date of sentencing.
• If the imprisonment awarded is more than six years, then the fine can be recovered until the end of that imprisonment period.
• Even if the offender dies, their property remains liable for payment of the fine, just like debts owed by them.
• This ensures that convicts or their estates cannot escape financial liability by default or death.

Practical Example

Suppose a court fines Rakesh ₹50,000 in 2020 with one year of imprisonment in default of payment. If Rakesh does not pay, the fine can still be recovered any time until 2026. If Rakesh dies in 2024, his property can still be attached or sold to recover the unpaid fine, just like any other debt owed to the State.

Purpose of IPC Section 70

• Prevents convicts from evading fines by delaying payment.
• Protects the financial interests of the State.
• Ensures fairness by treating unpaid fines like legal debts.
• Strengthens deterrence by making sure fines are not easily avoidable.

How It Works with Other Sections

• Section 63: Defines amount of fine.
• Section 64–69: Provide rules on imprisonment in default of fine.
• Section 70: Ensures recovery of fine even after six years or death of offender.

Thus, Section 70 makes fines enforceable beyond imprisonment and life of the convict.

Judicial Interpretation

Courts have clarified that:

• Fine is a debt owed to the State, recoverable like any other liability.
• Property of the deceased offender can be attached to recover unpaid fines.
• Recovery proceedings should follow due process of law (attachment, auction, etc.).

In Palaniappa Gounder v. State of Tamil Nadu (AIR 1977 SC 1323), the Supreme Court observed that fines remain a valid liability enforceable through property attachment, even post the offender’s death.

Modern Relevance

Section 70 continues to be relevant in cases of:

• Economic offences with heavy fines.
• Corporate fraud where fines run into crores.
• White-collar crimes ensuring liability outlives the offender.
• Ensuring financial accountability and deterrence.

Conclusion

IPC Section 70 plays a critical role in making fines enforceable. It ensures recovery within six years or during imprisonment and, importantly, prevents offenders from escaping liability through death, as their property remains answerable. This provision reflects the principle that fines are not just punishments but also legal debts owed to society and the state.