Section 461 BNSS: Warrant for levy of fine (Formerly Section 421 CrPC)

Section 461 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant for levy of fine

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 461

Section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 421 of the CrPC, 1973) prescribes the statutory modes for the recovery of fines imposed by criminal courts.

Modes of Fine Levy: When an offender is sentenced to pay a fine, the Court may: (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; or (b) issue a warrant to the Collector of the district authorizing realization as arrears of land revenue from movable or immovable property.
Default Imprisonment Proviso: If the sentence directs that in default of payment of fine the offender shall be imprisoned, and the offender has undergone the whole of such default imprisonment, no Court shall issue such warrant unless special reasons are recorded.
Recovery as Arrears of Land Revenue: Attachment through the Collector empowers the district revenue machinery to attach bank accounts and real estate.

Key Landmark Precedents:

Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688: The Supreme Court examined the recovery of statutory dues as arrears of land revenue, holding that coercive processes must strictly follow statutory safeguards.
K.P. Poulose v. State of Kerala, AIR 1975 SC 1259: Affirmed that once an offender has served full default imprisonment, fine warrants cannot be routinely issued without compelling reasons.

Courtroom Practice & Strategic Litigation Guidance:

If the court attempts to attach properties after your client has served the complete default imprisonment sentence, object under Section 461(1) Proviso demanding that the prosecution prove compelling 'special reasons' for continuing fine recovery.