Law4u - Made in India

What Is BNSS Section 462?

Answer By law4u team

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 462: Warrant for Levy of Fine

(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, authorizing him to realize 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 realize 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.

Brefe Detail

This section of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures a court may follow to recover fines from offenders who fail to pay. It includes issuing warrants for the attachment and sale of property or for the collection of fines as arrears of land revenue.

Question & Answers

Q1: What can a court do if an offender fails to pay a fine?

A1: The court may issue a warrant for the levy of the amount by attachment and sale of movable property or issue a warrant to the Collector to recover the amount as arrears of land revenue.

Q2: What are the two ways the court can recover the fine?

A2: (a) By issuing a warrant for the attachment and sale of the offender's movable property.
(b) By issuing a warrant to the Collector to realize the amount from the offender’s movable or immovable property.

Q3: Under what condition can a warrant be issued if the offender has already undergone imprisonment?

A3: No warrant shall be issued unless the court considers it necessary for special reasons recorded in writing or has made an order for the payment of expenses or compensation out of the fine.

Q4: Who regulates the execution of warrants under sub-section (1)?

A4: The State Government may make rules regulating the manner in which these warrants are executed.

Q5: How does the Collector realize the amount when a warrant is issued under clause (b)?

A5: The Collector shall realize the amount according to the law relating to recovery of arrears of land revenue, treating the warrant as a certificate issued under such law.

Example

  • Example 1: If an offender is sentenced to pay a fine of ₹10,000 but fails to do so, the court may issue a warrant to seize and sell their car to recover the amount.
  • Example 2: A court may issue a warrant to the Collector to recover the fine as arrears of land revenue from the offender's property, such as land or buildings.

Summary

Section 462 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the legal framework for recovering fines from offenders who do not pay. It allows for the attachment and sale of property or collection through the Collector as arrears of land revenue, while also stipulating conditions under which these actions can be taken.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vivek Basyan

Advocate Vivek Basyan

Cheque Bounce,Consumer Court,Family,Motor Accident,Civil,

Get Advice
Advocate Madhuri sangani

Advocate Madhuri sangani

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Supreme Court,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Devender Uchana

Advocate Devender Uchana

Criminal, Divorce, Family, Motor Accident, Muslim Law, Breach of Contract, Anticipatory Bail, Cheque Bounce

Get Advice
Advocate Rajendran K

Advocate Rajendran K

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Civil, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Medical Negligence, Muslim Law, Startup, R.T.I, Recovery, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Ashish Pawaskar

Advocate Ashish Pawaskar

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,RERA,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Sonia Sharma

Advocate Sonia Sharma

Anticipatory Bail, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Recovery, Arbitration, Breach of Contract, Corporate, Court Marriage, Documentation, Cyber Crime, Consumer Court, Cheque Bounce, Armed Forces Tribunal, Banking & Finance, Bankruptcy & Insolvency, Child Custody, Insurance, Motor Accident, NCLT, Patent, R.T.I, Succession Certificate, Trademark & Copyright, Revenue, Property

Get Advice
Advocate Prakashkumar Karsanlal Trivedi

Advocate Prakashkumar Karsanlal Trivedi

Anticipatory Bail, Cheque Bounce, Civil, Family, GST

Get Advice
Advocate Kamta Prasad

Advocate Kamta Prasad

Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.