Section 471 BNSS: Money ordered to be paid recoverable as a fine (Formerly Section 431 CrPC)

Section 471 of Bharatiya Nagarik Suraksha Sanhita, 2023: Money ordered to be paid recoverable as a fine

Official Bare Act Text

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

Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:

Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 461, after the words and figures "under section 395", the words and figures "or an order for payment of costs under section 400" had been inserted.

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 471

Section 471 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 431 of the CrPC, 1973) establishes that any money (other than a fine) ordered to be paid under this Sanhita, including compensation and costs, shall be recoverable as if it were a fine.

Recovery of Non-Fine Monetary Orders: Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine.
Application to Compensation & Costs: Covers victim compensation awarded under Section 395/396, costs under Section 400, and maintenance arrears under Section 144.
Execution Machinery Applicable: Triggers the full recovery machinery of Section 461, including attachment of movable property and revenue recovery through the Collector.

Key Landmark Precedents:

Harisingh v. Sukhbir Singh, (1988) 4 SCC 551: The Supreme Court held that compensation awarded to victims under Section 357 CrPC is recoverable under Section 431 CrPC (Section 471 BNSS) in the same manner as a fine, ensuring effective restitution.
Manish Jalan v. State of Karnataka, (2008) 8 SCC 225: Reaffirmed that victim compensation recovery processes carry the coercive authority of penal fine recovery.

Courtroom Practice & Strategic Litigation Guidance:

When victim compensation or maintenance arrears remain unpaid, file an execution application under Section 471 read with Section 461 praying for distress warrants and revenue recovery against the defaulter's assets.