levying of fines
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
under crpc sec 421..arrest & detention is barred...if somebody is escaping liability to pay fine then ORDER of arrest and detention can or can not be passed agaist him???? proviso to sec 421 says otherwise & creating doubt for me.
Advocate Rajkumarlaxman
(Expert) 03 August 2011
421. Warrant for levy of fine.
(1) When an offender has been sentenced to pay a the court passing the sentence make 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 defaulters;
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 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.
read this u doubt gets clear
if such offender has undergone the whole of such imprisonment in default, no court shall issue such warrant
Querist :
Anonymous
(Querist) 03 August 2011
if fine is payment of money and compensation then what is position
Raj Kumar Makkad
(Expert) 03 August 2011
In that case also same provision shall apply.
