Sections 421 and 422 CrPC: Warrant for Levy of Fine and Effect of Warrant
Sections 421 and 422 of the Code of Criminal Procedure, 1973 governed the recovery of a criminal fine through a warrant and the territorial effect of a warrant for attachment and sale of movable property. This article explains the provisions as they applied under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.
Meaning of Section 421 CrPC - Warrant for levy of fine
Section 421 provided the machinery by which the Court passing a sentence of fine could recover the unpaid amount. The Court could use either or both of two statutory methods: attachment and sale of the offender's movable property, or a warrant to the District Collector for recovery as arrears of land revenue.
Section 421(1): Methods of recovery
When an offender was sentenced to pay a fine, the sentencing Court could:
(a) issue a warrant to levy the amount by attachment and sale of movable property belonging to the offender; and/or
(b) issue a warrant to the Collector of the district authorising recovery of the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.
The proviso restricted issue of a recovery warrant after the offender had undergone the whole imprisonment imposed in default of payment. A warrant could still be issued where the Court recorded special reasons in writing, or where an order had been made for payment of expenses or compensation out of the fine under Section 357 CrPC.
Section 421(2): State rules and third-party claims
The State Government could make rules regulating execution of warrants for attachment and sale under Section 421(1)(a). Such rules could also provide a summary procedure for deciding claims by persons other than the offender who asserted an interest in attached property.
Section 421(3): Recovery through the Collector
Where a warrant was sent to the Collector under Section 421(1)(b), the amount was to be realised according to the law governing recovery of arrears of land revenue, as though the warrant were a certificate under that law. The proviso expressly stated that such a warrant could not be executed by arrest or detention in prison of the offender.
Meaning of Section 422 CrPC - Effect of such warrant
Section 422 dealt with the territorial operation of a warrant issued under Section 421(1)(a). The warrant could be executed within the local jurisdiction of the issuing Court. It could also support attachment and sale of movable property situated outside that jurisdiction when the warrant was endorsed by the District Magistrate within whose local jurisdiction the property was found.
How Sections 421 and 422 worked together
Section 421 created the recovery mechanisms, while Section 422 extended the practical reach of an attachment-and-sale warrant beyond the issuing Court's local jurisdiction after the required endorsement. Together, the provisions enabled recovery of a fine while prescribing safeguards concerning default imprisonment, third-party property claims and territorial execution.
Related CrPC provisions
Section 357 CrPC was relevant where a Court directed that expenses or compensation be paid out of the fine. The surrounding provisions in Chapter XXXII of the CrPC dealt with execution, suspension, remission and commutation of sentences.
This article describes the law under the Code of Criminal Procedure, 1973 before implementation of the BNSS. For a matter arising after the commencement of the new criminal procedure law, the applicable statutory provisions and transitional rules should be checked separately.