CrPC Section 431: Money Ordered as Fine – Recoverability as Fine
1. Code
Section 431 of the Code of Criminal Procedure, 1973 (CrPC) deals with the recoverability of money ordered as a fine.
2. Explanation
This section outlines the process of recovering money ordered as a fine by a court. It states that when a court orders a person to pay a fine, that money becomes recoverable as a fine. This means it can be collected by the state through various legal mechanisms.
The section specifies that such money can be recovered by:
- Attachment and sale of the convicted person’s property.
- Levy on his/her income.
- Imprisonment in default of payment.
3. Illustration
Imagine a person is convicted of theft and sentenced to pay a fine of Rs. 10,000. If the person fails to pay the fine, the court can order the attachment and sale of their property to recover the fine amount. Alternatively, the court could order a portion of the convict’s income to be levied until the fine is paid. If all other options fail, the court can order the convicted person to be imprisoned for a specified period until the fine is paid.
4. Common Questions and Answers
Q: Can the court order imprisonment in default of payment of fine for any offense?
A: No. Section 431 specifically states that imprisonment in default of payment can only be ordered if the offense is punishable with imprisonment for a term not exceeding six months.
Q: Can the court order the attachment and sale of property only if it’s the convict’s own property?
A: No. The court can order the attachment and sale of any property, even if it’s not owned by the convict, if the property is in the convict’s possession or control and is likely to be used to pay the fine.
Q: What happens if the convicted person is unable to pay the fine even after being imprisoned for the default period?
A: In such cases, the court may release the person from imprisonment, but the fine will still be considered unpaid and recoverable by other means.
