Section 461 – Bharatiya Nagarik Suraksha Sanhita (BNSS) – Warrant For Levy Of Fine.

Code: Section 461 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 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, authorizing him to realize 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 BNSS.

(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 a certificate issued under such law:
Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

Explanation of Section 461 BNSS

Section 461 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, deals with the enforcement of fines imposed by the court. It provides mechanisms for the recovery of unpaid fines through attachment and sale of property or by authorizing the district collector to recover the amount as arrears of land revenue.

Key Provisions of Section 461 BNSS

1. Methods of Recovery:
   • Attachment & Sale of Property: The court can seize and sell the movable property of the offender.
   • Recovery by Collector: The district collector can be directed to recover the fine as land revenue arrears.
2. Limitation on Recovery after Imprisonment:
   • If the offender has already served the default imprisonment, no warrant can be issued unless special reasons are recorded or if the fine is meant for compensation under Section 395 BNSS.
3. Rules by State Government:
   • The state government can make rules on the execution of warrants and procedures for handling claims on attached property.
4. Prohibition on Arrest for Fine Recovery:
   • The offender cannot be arrested or detained in prison for failure to pay a fine under this section.

Illustrations

Example 1: Recovery of Fine Through Property Attachment

A person is convicted under Section 420 BNSS for cheating and is fined ₹50,000. He refuses to pay.

• The court issues a warrant under Section 461(1)(a) to attach and auction his motorcycle to recover the fine.

Example 2: Collector’s Role in Fine Recovery

A businessman is fined ₹5 lakh under Section 467 BNSS for forgery.

• The court issues a warrant under Section 461(1)(b) directing the Collector to recover the amount as land revenue arrears by seizing his land.

Common Questions and Answers on Section 461 BNSS

1. What happens if a person does not pay a court-imposed fine?

If a person does not pay a fine, the court may recover it through property attachment and sale or by directing the district collector to recover it as arrears of land revenue.

2. Can a person be jailed for not paying a fine under Section 461 BNSS?

No, a person cannot be arrested or jailed solely for not paying a fine. However, if the original sentence includes imprisonment in default of fine, then the person may be jailed.

3. What types of property can be attached under Section 461 BNSS?

Any movable or immovable property owned by the offender can be attached, including vehicles, bank accounts, land, and houses.

4. Can the court reissue a fine recovery warrant after the offender has served imprisonment in default?

Only if the court records special reasons in writing or if the fine is intended for compensation under Section 395 BNSS.

5. Can a third party claim rights over the attached property?

Yes, third parties (e.g., family members) can challenge the property attachment by proving their legal ownership. The state government rules regulate how such claims are handled.

Conclusion

Section 461 BNSS provides a structured mechanism for recovering unpaid fines through property attachment or revenue recovery, ensuring compliance with court orders. However, it also protects offenders from imprisonment solely for non-payment.

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