How is the sentence of fine executed?

Question: How is the sentence of fine executed?

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Answer

Whenever an offender is sentenced to pay a fine, the Court passing the sentence may, at its discretion, issue a warrant for the levy of the amount. Section 421 of the CrPC lay down the provision for a warrant for the levy of a fine. The section runs down as below:

“(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

1. issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
2. 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 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.”

This section applies when an offender is sentenced to pay a fine under the Indian Penal Code (IPC) as given under sections 63-70 of the IPC. Fine should be recovered by distress and sale of both movable and immovable properties, and the recovery should be as arrears of land revenue and not by following the lengthy procedure laid down by the Civil Procedure Code. But a Court is not to issue a warrant of distress if the offender has undergone imprisonment in default of payment of fine unless for special reasons to be recorded in writing or in cases where the Court has ordered payment of expenses or compensation out of the fine.

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