Money ordered to be paid recoverable as a fine
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Summary
When a court orders payment under this Code but does not specify how to recover it, that money can be enforced as if it were a fine. That allows use of fine-recovery powers (for example attachment and sale of property) to get the amount. For costs ordered under section 359, the recovery rules in section 421 apply as if section 359 were expressly included with section 357.
Example
Priya wins a small claim and the magistrate orders Rohan to pay repair costs but does not state any recovery method. Under this rule the amount can be recovered as if it were a fine, so the court can use attachment or other fine-recovery powers to obtain the money.
Bare Act
Enacted textAny money (other than a fine) payable by virtue of any order made under this Code, 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 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to Sub-Section (1) of section 421, after the words and figures “under section 357”, the words and figures “or an order for payment of costs under section 359” had been inserted.
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