CrPC Section 421 — Warrant for levy of fine

Summary

Sub-section (1) allows the court that imposed a fine to recover it in either or both of these ways: (a) by issuing a warrant to attach and sell the offender’s movable property; or (b) by issuing a warrant to the district Collector to recover the amount as arrears of land revenue from the defaulter’s movable property, immovable property, or both. If the sentence provides for imprisonment if the fine is not paid, and the offender has served all of that imprisonment, the court must not issue such a warrant unless it either considers a warrant necessary for special reasons recorded in writing or has ordered that expenses or compensation be paid out of the fine under section 357.

Sub-section (2) allows the State Government to make rules about how warrants under clause (a) of sub-section (1) are to be carried out, and how claims by people other than the offender concerning property attached under such a warrant are to be decided summarily.

Sub-section (3) requires the Collector, when given a warrant under clause (b) of sub-section (1), to recover the amount under the law for recovering arrears of land revenue, as if the warrant were a certificate issued under that law. The warrant must not be carried out by arresting or imprisoning the offender.

Official Text

(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may—

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357.

(2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

Sections referred to

• CrPC §357 — Order to pay compensation

Referred to by

• CrPC §422 — Effect of such warrant
• CrPC §423 — Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
• CrPC §431 — Money ordered to be paid recoverable as a fine

Related Judgments

• RAKESH RANJAN SHRIVASTAVA vs THE STATE OF JHARKHAND & ANR — Supreme Court of India (2024)
• Ajay Vinodchandra Shah vs The State of Maharashtra & anr — Bombay High Court (Mumbai Principal Seat) (2019)
• R. MOHAN vs A.K. VIJAYA KUMAR — Supreme Court of India (2012)
• SUBRATA ROY SAHARA vs UNION OF INDIA AND OTHERS — Supreme Court of India (2014)
• K.A. ABBAS vs SABU JOSEPH & ANR — Supreme Court of India (2010)
• DILIP S. DAHANUKAR vs KOTAK MAHINDRA CO. LTD. AND ANR — Supreme Court of India (2007)

Old <-> New Code Mapping

• BNSS §461 — Warrant for levy of fine