Execution by Issuing a Warrant for levy of Fine (Section 421 of CrPc)

Legal provisions regarding execution by issuing a warrant for levy of fine under section 421 of the Code of Criminal Procedure, 1973.

(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,—

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(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 authorizing him to realize the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.

However, 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 realize the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were certificate issued under law.

However, no such warrant shall be executed by the arrest or detention in prison of the offender.

Compensation under Section 250 of the Code of Criminal Procedure shall be recoverable as a fine, and Section 421 prescribes the mode in which the fine may ordinarily be recovered. A warrant can be issued under Section 421 only to levy a fine.

As per Section 422 of the Code, a warrant issued under clause (a) of sub-section (1) of Section 421 by any Court may be executed within the local jurisdiction of such Court, and it shall authorize the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.