Section 423 CrPC and Section 463 BNSS: Warrant for Levy of Fine Across Territories
Section 423 of the Code of Criminal Procedure, 1973 addresses enforcement of a criminal fine where the sentencing court is in a territory outside the Code's application. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 463.
What does Section 463 BNSS mean?
Section 463 creates a statutory mechanism for recognising and executing certain fine-recovery warrants issued by a criminal court situated in a territory to which the BNSS does not extend. Where that court sends the warrant to a District Collector in a territory where the BNSS applies, the warrant is treated as a fine-recovery warrant under Section 461(1)(b), subject to the requirements of Section 461(3).
Section 463 BNSS - Statutory provision
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.
Conditions for recovery under Section 463
- Fine imposed by a criminal court: An offender must have been sentenced to pay a fine by a criminal court in a territory to which the BNSS does not extend.
- Warrant to a District Collector: The sentencing court must issue a warrant to the Collector of a district within a territory where the BNSS extends.
- Recovery as land revenue arrears: The warrant must authorise the Collector to recover the fine as an arrear of land revenue.
- Statutory treatment: The warrant is deemed to have been issued under Section 461(1)(b) BNSS and is executed according to Section 461(3).
Powers and limits of the District Collector
Under Section 421 CrPC, and the corresponding Section 461 BNSS, a fine may be recovered by a warrant addressed to the Collector, permitting recovery from movable or immovable property, or both, under the applicable law on land revenue arrears.
Important safeguard: The proviso to Section 461(3) BNSS states that such a warrant must not be executed by arrest or detention in prison of the offender. This does not, by itself, determine any separate default-imprisonment sentence imposed by a competent court.
Illustrative example
Suppose a criminal court in a territory outside the BNSS's territorial operation imposes a fine and sends a qualifying recovery warrant to a Collector in a district where the BNSS applies. Section 463 permits the Collector to treat that warrant as one under Section 461(1)(b) and recover the amount in accordance with the relevant land revenue recovery law, without using arrest or imprisonment to execute the Collector's warrant.
This example explains the statutory mechanism only; whether the provision applies in an actual case depends on the territorial law, validity of the warrant and other relevant circumstances.
Section 423 CrPC, 1973 - Original statutory text
Notwithstanding anything contained in this Code 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 Code does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code 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 421 by a Court in the territories to which this Code extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly.
Which procedural law applies?
The BNSS generally applies from 1 July 2024. Section 531 BNSS repeals the CrPC but contains savings for specified pending appeals, applications, trials, inquiries and investigations. The governing procedure in an individual case should therefore be assessed from the commencement date, the stage of the proceeding and the applicable savings rules.
Frequently asked questions
What is Section 423 CrPC?
Section 423 CrPC deals with recovery of a criminal fine where the sentencing court is situated in a territory outside the territorial application of the Code, but sends a recovery warrant to a Collector in a territory where the Code applies.
Which BNSS provision corresponds to Section 423 CrPC?
Section 463 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision.
Can the Collector recover the fine as arrears of land revenue?
Yes. When the statutory conditions are met, the warrant is treated as a warrant under Section 461(1)(b) BNSS and the recovery mechanism in Section 461(3) applies.
Can the Collector execute this warrant by arrest or imprisonment?
No. Section 461(3) BNSS prohibits execution of such a Collector warrant by arrest or detention in prison of the offender.
Does the CrPC still matter after 1 July 2024?
Yes, for matters saved by Section 531 BNSS, including certain proceedings pending immediately before commencement. Applicability depends on the specific procedural history.
Official legal sources
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF) (see Sections 461, 463 and 531).
- Tripura Police - BNSS, 2023 and corresponding CrPC provisions (PDF).
- India Code - Official legislative repository.
This article is general legal information, not case-specific legal advice. Check the current official statute, applicable notifications and judicial decisions for individual matters.