Section 463 BNSS: Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend (Formerly Section 423 CrPC)

Section 463 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend

Official Bare Act Text

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

Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly.

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 463

Section 463 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 423 of the CrPC, 1973) provides for the execution of warrants for the levy of fines issued by courts in territories to which this Sanhita does not extend (e.g., special tribal areas, external territories).

Reciprocal Execution: Notwithstanding anything contained in this Sanhita, any warrant issued by a Court in any territory to which this Sanhita does not extend for the levy of a fine may be executed in India.
Execution as if Issued Locally: Executed in the same manner as if issued by a Chief Judicial Magistrate or District Magistrate within the local limits of the executing court.
Inter-territorial Enforcement: Ensures that convicts cannot evade fine liability by transferring assets across non-applicable territorial enclaves.

Key Landmark Precedents:

Purushottam Lal v. Prem Narain, AIR 1978 SC 476: Discussed the reciprocal enforcement of judicial processes across special territorial jurisdictions in India.
Union of India v. C. Dinakar, (2004) 4 SCC 447: Affirmed that judicial decrees and penal fine warrants carry pan-Indian enforceability pursuant to statutory reciprocal provisions.

Courtroom Practice & Strategic Litigation Guidance:

Verify whether the issuing court outside the territory was a lawfully constituted criminal court under central or special legislation before executing fine levies under Section 463.