Money ordered to be paid recoverable as a fine
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Summary
When an order under this Sanhita requires payment of money (other than a fine) and no recovery method is specified, that money may be recovered in the same manner as a fine. Also, for recovery and remission purposes the proviso in section 461 is to be read as applying to an order for payment of costs under section 400 as if it were an order under section 395.
Example
Priya loses a short summary proceeding and the magistrate orders her to pay certain costs to the complainant, but the order does not state how those sums should be recovered. Since the order gives no special recovery method and the amount is not called a fine, authorities can recover the money using the same procedures that apply to fines.
Bare Act
Enacted textAny 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.
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