Section 421 CrPC: Warrant for levy of fine

What Section 421 CrPC Says

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.

Source: Section 421, Code of Criminal Procedure, 1973

Section 421 CrPC in Simple Words

When Section 421 CrPC Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 421 CrPC

When Section 421 CrPC Does Not Apply

• Section 421(1) CrPC speaks of an offender who has been sentenced to pay a fine. It does not deal with an offender who has not been sentenced to pay a fine.
• A warrant under Section 421(1)(a) CrPC 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 421(1)(b) CrPC, through a warrant to the Collector of the district.
• Section 421 CrPC 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 420 CrPC, Warrant with whom to be lodged.
• Section 421 CrPC 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 422 CrPC, Effect of such warrant.

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