CrPC Forms 43, 44 and 44A: Recovery of Fine and Bond for Appearance

Forms 43, 44 and 44A formed part of the Second Schedule to the Code of Criminal Procedure, 1973 (CrPC). This page explains and reproduces these forms in the legal framework applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force.

Historical CrPC context: The material below concerns the CrPC framework applicable before implementation of the BNSS. It is retained for reference to proceedings, orders and legal questions governed by the earlier Code.

Section 421 CrPC: Warrant for levy of fine

Section 421 empowered the sentencing Court to recover an unpaid fine by issuing a warrant for attachment and sale of the offender's movable property, by issuing a warrant to the District Collector for recovery as arrears of land revenue from movable or immovable property, or by using both methods as permitted by law. Form 43 corresponds to the attachment-and-sale method, while Form 44 is addressed to the Collector.

Section 424 CrPC: Suspension of execution of imprisonment

Section 424 applied where an offender was sentenced to a fine and to imprisonment in default of payment. Subject to the statutory conditions, the Court could allow time or instalments for payment and could suspend execution of the default sentence on a bond, with or without sureties, requiring appearance on the specified payment date or dates. Form 44A records that bond.

Form No. 43 of Code of Criminal Procedure

Form No. 43

Warrant to levy a fine by Attachment and Sale

See section 421

To ___ (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS ___ (name and description of the offender) was on the ___ day of ___, 20 ___, convicted before me of the offence of ___ (mention the offence concisely), and sentenced to pay a fine of rupees ___, and whereas the said ___ (name), although required to pay the said fine, has not paid the same or any part thereof;

This is to authorise and require you to attach any movable property belonging to the said ___ (name) which may be found within the district of ___ ; and, if within ___ (state the number of days or hours allowed) next after such attachment the said sum shall not be paid or (forthwith) to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this ___ day of ___, 20 ___

(Seal of the Court)

(Signature)

Form No. 44 of Code of Criminal Procedure

Form No. 44

Warrant for recovery of fine

See Section 421

To the Collector of the district of ___

WHEREAS ___ (name, address and description of the offender) was on the ___ day of ___, 20 ___ convicted before me of the offence of ___ (mention the offence concisely), and sentence to pay a fine of rupees ___ ; and

WHEREAS the said ___ (name), although required to pay the said fine, has not paid the same or any part thereof;

You are hereby authorized and requested to realize the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said ___ (name) and to certify without delay what you may have done in pursuance of this order.

Dated, this ___ day of ___, 20 ___

(Seal of the Court)


(Signature)

 

Form No. 44A of Code of Criminal Procedure

Form No. 44A

Bond for appearance of offender released pending realisation of fine

See section 424 (1) (b)

 WHEREAS I ___ (name), inhabitant of ___ (Place) have been sentenced to pay a fine of rupees ___ and in default of payment thereof to undergo imprisonment for ___, and whereas the Court has been pleased to order my release on condition of my execution a bond for my appearance in the following date (or dates), namely ___.

I hereby bind myself to appear before the Court of ___ at ___ O'clock on the following date (or dates) namely _

and in case of making default therein, I bind myself to forfeit to Government the sum of rupees ___

Dated, this ___ day of ___, 20 ___

(Seal of the Court)

(Signature)

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD-

We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ___ on the following date (or dates) namely _

and, in case of making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees ___

(Seal of the Court)

(Signature)