Code: Section 463 BNSS
Notwithstanding anything in this Sanhita or in any other law for the time being
in force, when an offender has been sentenced to pay a fine by a Criminal Court in any
territory to which this Sanhita does not extend and the Court passing the sentence issues
a warrant to the Collector of a district in the territories to which this Sanhita extends,
authorising him to realise the amount as if it were an arrear of land revenue, such warrant
shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3)
of the said section as to the execution of such warrant shall apply accordingly.
Explanation of Section 463 BNSS
Section 463 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides legal provisions for the execution of a warrant for the levy of a fine issued by a court situated in a territory where BNSS is not applicable. This section ensures that such warrants can still be enforced in India under BNSS regulations.
Key Provisions
- Recognition of Foreign Warrants
- If a court outside BNSS jurisdiction issues a warrant to recover a fine, it is treated as if it were issued under BNSS.
- Execution Within BNSS Territory
- The fine recovery process is executed under Indian law, ensuring consistency in the implementation of judicial decisions.
- Legal Continuity
- Prevents offenders from escaping financial penalties by moving to BNSS-governed territories.
- Jurisdictional Clarity
- Indian authorities gain the legal power to enforce such fines without requiring separate legal procedures.
Illustrations
Example 1: Execution of a Foreign Court Fine in India
A person is convicted in a country where BNSS does not apply, and a fine is imposed. The court issues a warrant for levy of fine, and the person moves to India. Under Section 463 BNSS, Indian authorities can execute the warrant and recover the fine as per Indian laws.
Example 2: Cross-Border Enforcement
A business entity is fined in a non-BNSS region for violating local laws. The fine collection warrant is sent to Indian authorities. Section 463 BNSS allows Indian courts to enforce the warrant as per BNSS guidelines.
Common Questions & Answers on Section 463 BNSS
1. Can a foreign court’s fine be recovered in India under BNSS?
Yes, if a court from a territory where BNSS does not extend issues a warrant for the levy of a fine, it can be enforced in India as per Section 463 BNSS.
2. Is there any limitation on the type of fine that can be enforced?
No, as long as the fine is legally issued by a recognized court outside BNSS jurisdiction, it can be executed in India.
3. Does this apply to civil fines or only criminal fines?
This section primarily applies to criminal fines, ensuring that offenders cannot escape financial penalties by relocating to India.
4. Who enforces such warrants in India?
Indian law enforcement agencies and courts are responsible for executing such warrants under BNSS provisions.
5. How does this section help in international legal cooperation?
It strengthens legal collaboration between India and foreign jurisdictions by ensuring cross-border enforceability of judicial fines.
Conclusion
Section 463 BNSS plays a crucial role in enforcing warrants for the levy of fines issued by courts outside India, ensuring that penalties remain enforceable even across jurisdictions. This provision enhances India’s legal framework for international cooperation in judicial matters.
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