Warrant for levy of fine
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Summary
On conviction with a fine, the court may recover it either by issuing a warrant to attach and sell the offender's movable property or by issuing a warrant to the district Collector to realise it as arrears of land revenue from movable or immovable property. If the offender has already undergone the full imprisonment ordered for non payment, the court will not issue such a warrant unless special written reasons are recorded or the court has ordered payment of expenses or compensation from the fine. The State Government may make rules for execution and third party claims; Collector's warrants are enforced like revenue certificates and cannot be used to arrest or detain the offender.
Example
Priya is fined ₹5,000 for a minor offence but does not pay. The court may issue a warrant to sell her motorcycle or send a warrant to the district Collector to recover the amount as land revenue arrears. If Priya has already served the full imprisonment ordered for non payment of the fine, the court cannot issue the recovery warrant unless it records special reasons in writing or orders that expenses or compensation be paid from the fine.
Bare Act
Enacted text(1) When an offender has been sentenced to pay a fine 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 moveable 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 357.
(2) The Stale 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 properly 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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