Code
Any money (other than a fine) payable by virtue of any order made under this
Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall
be recoverable as if it were a fine:
Provided that section 461 shall, in its application to an order under section 400, by
virtue of this section, be construed as if in the proviso to sub-section (1) of section 461,
after the words and figures “under section 395”, the words and figures “or an order for
payment of costs under section 400″ had been inserted.
Explanation of Section 471 BNSS
Section 471 of the BNSS lays down the provision for the recovery of monetary sums ordered by a court. It states that any sum imposed as compensation, damages, or costs under BNSS can be recovered in the same manner as a fine. This ensures effective enforcement of court-ordered payments.
Key Provisions:
- Applicability: Applies to money ordered as compensation, damages, or costs.
- Recovery Method: Treated like a court-imposed fine, allowing enforcement through legal mechanisms such as asset attachment or salary deductions.
- Judicial Enforcement: The Court ensures compliance by treating non-payment as a violation, which may lead to additional penalties.
Illustration
Example 1: Compensation for Victim
A court orders an offender to pay ₹50,000 as compensation to a victim of a fraud case. If the offender fails to pay, the court may recover it by treating it as a fine, potentially seizing assets or deducting from wages.
Example 2: Recovery of Legal Costs
In a defamation case, the court orders the accused to pay ₹10,000 as legal costs to the complainant. If unpaid, this amount can be recovered using the same legal mechanisms applied to fines.
Common Questions and Answers on Section 471 BNSS
1. What does Section 471 BNSS cover?
It covers the recovery of amounts ordered by a court, including compensation, damages, and costs, treating them as fines for enforcement.
2. How is money recovered under Section 471 BNSS?
The amount can be recovered like a court fine—through asset seizure, salary deductions, or other legal methods.
3. What happens if a person refuses to pay the amount ordered?
If a person fails to pay, the court may initiate enforcement actions, including property attachment or imprisonment in extreme cases.
4. Is there a time limit for recovering money under this section?
While BNSS does not specify a time limit, general limitation laws and enforcement mechanisms apply.
5. Can an appeal be filed against a payment order?
Yes, if a party disagrees with the order, they can appeal in a higher court under the provisions of BNSS.
Conclusion
Section 471 BNSS ensures that financial penalties, including compensation and legal costs, are effectively enforced. By treating these payments as recoverable fines, the law ensures compliance and justice.
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