Section 421 CrPC - Warrant for Levy of Fine: Meaning, Procedure and BNSS Section 461
Section 421 of the Code of Criminal Procedure, 1973 governs how a criminal court can recover a fine imposed as part of a sentence. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 461 BNSS, effective from 1 July 2024, subject to the saving provisions for earlier proceedings.
What does Section 421 CrPC provide?
Section 421 is titled "Warrant for levy of fine". A fine is a monetary punishment ordered by a criminal court. A warrant for levy of fine is a court-issued authority to recover that amount through the mechanisms specified by law. The provision contains three subsections dealing with recovery methods, state rules and the Collector's authority.
Section 421 CrPC - Statutory provision
421. Warrant for levy of fine.
(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-
(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, authorising him to realise 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 realise 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.
Current law: Section 461 BNSS, 2023
Section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF) carries forward the fine-recovery framework. Its opening subsection expressly specifies that the offender has been sentenced to pay a fine "but no such payment has been made". The reference to compensation and expenses is now to Section 395 BNSS, corresponding to Section 357 CrPC.
Section 531 BNSS repeals the CrPC subject to savings, including certain investigations, inquiries, trials, appeals and applications pending immediately before commencement. Accordingly, the governing procedural provision should be determined in light of the particular proceeding and the statutory saving clause.
How can a criminal fine be recovered?
1. Attachment and sale of movable property
Under Section 421(1)(a) CrPC or Section 461(1)(a) BNSS, the sentencing court may issue a warrant authorising attachment and sale of movable property belonging to the offender. Movable property generally refers to property capable of being moved, as distinct from land and buildings. Execution is governed by applicable state rules, including procedures for claims by third parties.
2. Recovery through the district Collector
Under clause (b), the court may issue a warrant to the district Collector for recovery of the fine as arrears of land revenue from the defaulter's movable property, immovable property or both, in accordance with the relevant revenue-recovery law. The Collector cannot execute this warrant by arresting or imprisoning the offender.
3. Both methods may be used
The statute permits either method or both, as legally appropriate. The amount recovered must be accounted for against the fine; the same fine is not payable twice.
What if the offender has served imprisonment in default of fine?
Serving the entire default-imprisonment term triggers a statutory restriction on issuing a fresh fine-recovery warrant. The court may nevertheless issue a warrant where it records special reasons in writing, or where it has ordered payment of expenses or compensation out of the fine under Section 357 CrPC or Section 395 BNSS, as applicable. Default imprisonment and the monetary fine are distinct legal consequences; serving the default term does not automatically extinguish the fine in every case.
Safeguards and practical considerations
The court's power concerns recovery of a fine imposed by sentence, not an unrestricted power to seize property. The property-attachment route is subject to the applicable state rules and third-party claims. Collector warrants are executed under the relevant land-revenue law, without arrest or imprisonment under that warrant. The court's order, the amount due, payments already made and any stay or modification of sentence should be checked before enforcement.
Related statutory provisions
For related procedures, see Section 422 CrPC - Effect of such warrant, Section 423 CrPC - Warrant issued by a court outside the Code's territorial operation, and Section 424 CrPC - Suspension of execution of imprisonment.
Frequently asked questions
What is Section 421 CrPC?
Section 421 of the Code of Criminal Procedure, 1973 provides for recovering an unpaid criminal fine by attachment and sale of movable property, by a warrant to the district Collector, or both, subject to statutory conditions.
Which BNSS section corresponds to CrPC Section 421?
Section 461 of the Bharatiya Nagarik Suraksha Sanhita, 2023 covers warrants for levy of fine. The BNSS took effect on 1 July 2024, subject to its saving and transitional provisions.
Can a fine still be recovered after default imprisonment?
Ordinarily, where the entire imprisonment in default has been served, a further recovery warrant is restricted. The court may issue one for special reasons recorded in writing or where an order for expenses or compensation out of the fine has been made.
Can the Collector imprison someone under a fine-recovery warrant?
No. Section 461(3) BNSS expressly prohibits execution of the Collector warrant by arrest or detention in prison.
Can property belonging to another person be attached?
State rules may provide for summary determination of claims by third parties to property attached under a movable-property recovery warrant.
Official legal sources
Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
Updated: 18 October 2026. This article provides general statutory information, not case-specific legal advice. Consult the applicable enactment, rules and court orders for an individual matter.