Section 421 of the Code of Criminal Procedure provides that if 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 two ways:
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(a) It may issue a warrant for the levy of the amount, by attachment and sale of any movable property belonging to the offender.
ADVERTISEMENTS:
(b) It may 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. In such cases, the Collector must realise the amount in accordance with the law relating to recovery of arrears of land revenue, but no such warrant can be executed by the arrest or detention in prison of the offender.
If the sentence directs that, in default of payment of fine, the offender is to be imprisoned, and such offender has undergone the whole of such imprisonment, the Court cannot issue such a warrant unless, for special reasons to be recorded in writing, it considers it necessary to do so, or unless it has ordered the payment of expenses or compensation out of the fine under S. 357 of the Code.
A warrant issued under clause (a) above can be executed within the local jurisdiction of the Court issuing the warrant, and it can authorise the attachment and sale of any such property outside such jurisdiction, if it is endorsed by a District Magistrate within whose local jurisdiction such property is found.
If an offender has been sentenced to fine only, and to imprisonment in default of payment of such fine, and the fine is not immediately paid, the Court may—
ADVERTISEMENTS:
(a) Order that the fine shall be payable either in full on or before a date not more than 30 days from the date of the order, or in two or three instalments, of which, the first should be payable on or before a date not more than 30 days from the date of the order, and the other or others at intervals of not more than 30 days each;
(b) Suspend the execution of the sentence of imprisonment, and release the offender on the execution by him of a bond, with or without sureties, conditioned for his appearance before the Court on the date or dates on or before which the payment of the fine (or the instalment thereof, (as the case may be) is to be made.
If the amount of the fine or any instalment is not realised on or before the last date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution immediately.
Specimen Form:
ADVERTISEMENTS:
The following is a specimen of a warrant to levy a fine by attachment and sale:
To (name and designation of the Police Officer or other person or person who is 6t m to execute the warrant).
Whereas (name and designation of the offender) was, on the 5th day of January, 20… Convicted before me of the offence of (mention the offence concisely), and sentenced to pay a fine of rupees five hundred; 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 2nd day of March, 20…
(Seal of the Court)
(Signature)