What is Warrant for levy of fine? What is the Effect of such warrant? Section 421 and 422 of Code of Criminal Procedure 1973

Warrant for levy of fine and Effect of such warrant are defined under Section 421 and 422 of CRPC 1973. Provisions under these sections are:

Section 421 of CRPC "Warrant for levy of fine"

(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,-

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property

belonging to the offender;

(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 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.

Section 422 of CRPC "Effect of such warrant"

A warrant issued under Clause (a) of sub-section (1) of Section 421 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

What is Execution of order passed under Section 368? What is Execution of sentence of death passed by High Court? What is Postponement of execution of sentence of death in case of appeal to Supreme Court? What is Postponement of capital sentence on pregnant woman?. Section 413, 414, 415 and 416 of Code of Criminal Procedure 1973

What is Power to appoint place of imprisonment? What is Execution of sentence of imprisonment? What is Direction of warrant for execution? Warrant with whom to be lodged? Section 417, 418, 419 and 420 of Code of Criminal Procedure 1973

Levy of fine

What is Warrant for levy of fine? What is the Effect of such warrant? Section 421 and 422 of Code of Criminal Procedure 1973

What is Warrant for levy of fine issued by a Court in any territory to which this Code does not extend? What is Suspension of execution of sentence of imprisonment? Section 423 and 424 of Code of Criminal Procedure 1973

General provisions regarding execution

Who may issue warrant? What is Sentence on escaped convict when to take effect? What is Sentence on offender already sentenced for another offence? Section 425, 426 and 427 of Code of Criminal Procedure 1973

Period of detention undergone by the accuser to be set off against the sentence of imprisonment, What is Saving? What is Return of warrant on execution of sentence? What is Money ordered to be paid recoverable as a fine? Section 428, 429, 430 and 431 of Code of Criminal Procedure 1973

Suspension, remission and commutation of sentences

What is Power to suspend or remit sentences? What is Power to commute sentence? Section 432 and 433 of Code of Criminal Procedure 1973

What is Restriction on powers of remission or commutation in certain cases? What is Concurrent power of Central Government in case of death sentences? What is the meaning of State Government to act after consultation with Central Government in certain cases? Section 433a, 434 and 435 of Code of Criminal Procedure 1973

 

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