CrPC 421→BNSS 461

CrPC 421 to BNSS 461: Warrant for levy of fine

Section 421 CrPC (1973) replaced by Section 461 BNSS (2023)

View CrPC Section 421 →View BNSS Section 461 →

CrPC 421 to BNSS 461 at a Glance

Section 421 CrPC (Warrant for levy of fine) is now Section 461 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 421 to BNSS 461?

From 1 July 2024, Section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 421 of the Code of Criminal Procedure, 1973 under the same heading, Warrant for levy of fine. Section 461(1) BNSS adds the words but no such payment has been made after the words When an offender has been sentenced to pay a fine. The proviso to Section 461(1) BNSS refers to section 395 where the proviso to Section 421(1) CrPC referred to section 357.

CrPC 421 vs BNSS 461: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section421461
HeadingWarrant for levy of fineSame
Sub-sections3 sub-sectionsSame
Cross-referencess.357s.395

CrPC 421 and BNSS 461: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 421, CrPC 1973

421. 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.
BNSS 2023 (in force)

Section 461, BNSS 2023

461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such payment has been made, 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 395. (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.

When It Applies: CrPC 421 vs BNSS 461

Under CrPC 421
  1. When an offender has been sentenced to pay a fine, the Court passing the sentence may under Section 421(1)(a) CrPC issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender.
  2. The Court passing the sentence may also, or instead, issue a warrant to the Collector of the district under Section 421(1)(b) CrPC, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.
  3. The proviso to Section 421(1) CrPC applies if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and the offender has undergone the whole of such imprisonment in default. In that case 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.
  4. The State Government may make rules under Section 421(2) CrPC regulating the manner in which warrants under Section 421(1)(a) CrPC 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.
  5. Where the Court issues a warrant to the Collector under Section 421(1)(b) CrPC, the Collector shall under Section 421(3) CrPC 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. The proviso to Section 421(3) CrPC says that no such warrant shall be executed by the arrest or detention in prison of the offender.
Under BNSS 461
  1. When an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence may under Section 461(1)(a) BNSS issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender.
  2. The Court passing the sentence may also, or instead, issue a warrant to the Collector of the district under Section 461(1)(b) BNSS, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.
  3. The proviso to Section 461(1) BNSS applies if the sentence directs that in default of payment of the fine the offender shall be imprisoned, and the offender has undergone the whole of such imprisonment in default. In that case 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 395.
  4. The State Government may make rules under Section 461(2) BNSS regulating the manner in which warrants under Section 461(1)(a) BNSS 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.
  5. Where the Court issues a warrant to the Collector under Section 461(1)(b) BNSS, the Collector shall under Section 461(3) BNSS 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. The proviso to Section 461(3) BNSS says that no such warrant shall be executed by the arrest or detention in prison of the offender.

What CrPC 421 to BNSS 461 Means in Practice

Section 461(1) BNSS speaks of an offender who has been sentenced to pay a fine, but no such payment has been made, and so the words but no such payment has been made appear in the provision under which the Court passing the sentence takes action for the recovery of the fine. The proviso to Section 461(1) BNSS refers to an order for the payment of expenses or compensation out of the fine under section 395, which is the provision headed Order to pay compensation.

FAQs: CrPC 421 to BNSS 461

What words does Section 461(1) BNSS add to Section 421(1) CrPC?▼

Section 461(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads When an offender has been sentenced to pay a fine, but no such payment has been made. Section 421(1) of the Code of Criminal Procedure, 1973 read When an offender has been sentenced to pay a fine. The words but no such payment has been made are added in Section 461(1) BNSS.

Which section does the proviso to Section 461(1) BNSS refer to for an order for payment of expenses or compensation?▼

The proviso to Section 461(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 refers to an order for the payment of expenses or compensation out of the fine under section 395. The proviso to Section 421(1) of the Code of Criminal Procedure, 1973 referred to section 357. Section 395 BNSS and Section 357 CrPC share the heading Order to pay compensation.

Where are the rule-making power of the State Government and the Collector's duty found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 421(2) of the Code of Criminal Procedure, 1973 is found in Section 461(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and it empowers the State Government to make rules regulating the manner in which warrants under Section 421(1)(a) CrPC are to be executed. Section 421(3) CrPC is found in Section 461(3) BNSS, and it provides that the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·