Section 423 CrPC: Warrant for Levy of Fine – Code of Criminal Procedure – Territorial Applicability

Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

Section 423 CrPC: Warrant for Levy of Fine – Code of Criminal Procedure – Territorial Applicability

1. Code Statement:

Section 423 of the Code of Criminal Procedure (CrPC) 1973 deals with the issuance of a warrant for the levy of fine.

2. Explanation:

This section outlines the procedure for recovering a fine imposed by a court in a criminal case. When a person is convicted and fined, but fails to pay the fine within the specified time, the court can issue a warrant for the levy of fine.

The warrant authorizes the designated authority (usually a police officer) to seize the convicted person’s property to recover the unpaid fine. This seizure can be done by:

  • Attaching the property.
  • Selling the property by public auction.

3. Illustration:

Suppose a person is found guilty of driving under the influence of alcohol and is fined ₹10,000. They fail to pay the fine within the given timeframe. In this case, the court can issue a warrant under Section 423 CrPC. The warrant would authorize the police to seize the convicted person’s vehicle or other property to recover the ₹10,000 fine.

4. Common Questions and Answers:

Q: What happens if the person cannot pay the fine even after the seizure of property?

A: The court may order the person to undergo imprisonment for a specific period, depending on the amount of unpaid fine.

Q: Can the court seize any property?

A: No, the court can only seize property that belongs to the convicted person and is not exempt from seizure under the law.

Q: What are the exceptions to this section?

Also Read  Section 190 CrPC: Cognizance of Offences by Magistrates - Code of Criminal Procedure

A: There are specific exceptions, such as if the fine is paid before the seizure of property or if the person is unable to pay due to genuine hardship.

Facebook
Twitter
LinkedIn
Pinterest
WhatsApp

Never miss any important news. Subscribe to our newsletter.

Leave Your Comment

Recent News

Editor's Pick