An image processing apparatus, a method, and a program that enable an amount of code to be suppressed below a desired value with more reliability. An emergency mode determining section determines that the amount of code of a next picture is likely to exceed an upper limit if a target bit calculated by a rate controlling section exceeds a predetermined upper limit. If it is determined that the amount of code of the next picture is likely to exceed the upper limit, the code amount controlling section controls an orthogonal transducing section to replace a transform coefficient of a predetermined frequency component with zero, controls an intra predicting section to restrict intra prediction modes to be applied, and controls a mode determining section to restrict inter prediction modes to be applied. The prevent invention can be applied to an encoding apparatus.