Section 461 BNSS: Warrant for levy of fine

Section 461 BNSS Bare Act Text

(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.

Source: Section 461, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 461 BNSS in Simple Words

When Section 461 BNSS Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 461 BNSS

When Section 461 BNSS Does Not Apply

• Section 461(1) BNSS speaks of an offender who has been sentenced to pay a fine, but no such payment has been made. It does not deal with an offender who has not been sentenced to pay a fine.
• A warrant under Section 461(1)(a) BNSS is for the attachment and sale of movable property belonging to the offender. Recovery from the immovable property of the defaulter is found in Section 461(1)(b) BNSS, through a warrant to the Collector of the district.
• Section 461 BNSS speaks of a warrant for the levy of a fine. It does not deal with where a warrant for imprisonment is lodged, which is found in Section 460 BNSS, Warrant with whom to be lodged.
• Section 461 BNSS speaks of a warrant for the levy of a fine. It does not deal with the effect of such a warrant, which is found in Section 462 BNSS, Effect of such warrant.

Section 461 BNSS in the CrPC (Previous Law)

FAQs on Section 461 BNSS

Section 461 BNSS: Sub-sections Explained

Sections Related to Section 461 BNSS