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.
