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?
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.
