BNSS 461 — Warrant for levy of fine.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1) When an offender has been sentenced to pay a fine, but no such
payment has been made, 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 395.

(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.

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