Warrant for levy of fine
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Summary
When a convicted person has not paid a fine, the court can issue a warrant to seize and sell the offender's movable property or a warrant to the Collector to recover the amount as arrears of land revenue. If the offender has already served the full default imprisonment, the court will not issue such a warrant unless special written reasons are recorded or an order under section 395 exists. The State may make rules for executing seizure-warrants, and a Collector must follow land-revenue recovery law and cannot arrest or jail the offender to recover the fine.
Example
Priya is fined Rs 10,000 but does not pay. The court issues a warrant to the Collector to realise the fine as arrears of land revenue, so the Collector starts recovery under revenue law but cannot arrest or imprison Priya. If Priya had already served default imprisonment, the court would need special written reasons or an order under section 395 to issue the warrant.
Bare Act
Enacted text(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-
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(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
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(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.
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