Section 431 CrPC: Money Ordered to Be Paid Recoverable as a Fine
Section 431 of the Code of Criminal Procedure, 1973 provides a recovery mechanism for certain amounts ordered by criminal courts. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 471.
Section 431 CrPC - Full statutory text
Heading: Money ordered to be paid recoverable as a fine.
Any money (other than a fine) payable by virtue of any order made under this Code, 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 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 421, after the words and figures "under section 357", the words and figures "or an order for payment of costs under section 359" had been inserted.
Current law: Section 471 BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024, generally replacing the CrPC. Section 471 BNSS is the corresponding provision on recovery of money ordered to be paid as a fine. For cases commenced before the changeover, consider the repeal and savings rules in Section 531 BNSS and any applicable transitional law.
For proceedings governed by the BNSS, consult the actual wording of Section 471 and its cross-references rather than applying old CrPC section numbers automatically.
Meaning and essential conditions
1. An amount must be payable under a court order
The money must be payable by virtue of an order made under the applicable criminal procedure code. The provision does not create an independent obligation to pay money.
2. The amount is not itself a fine
The section addresses money other than a fine. It borrows the machinery used to recover fines where the statutory conditions are met.
3. No other express recovery procedure exists
The provision is residual. If another section expressly provides a recovery method for that particular order, the special method must be considered instead.
4. Recovery follows the applicable fine-recovery machinery
Section 421 CrPC concerns warrants for levy of fines, including attachment and sale of movable property and collection through the Collector as arrears of land revenue. The precise procedure, limits and safeguards depend on the applicable law and court order.
Special proviso for prosecution costs under Section 359 CrPC
The proviso expressly addresses orders for payment of costs under Section 359 CrPC. It directs how the proviso to Section 421(1) is to be read when fine-recovery machinery is applied to those costs: the reference to an order under Section 357 is treated as including an order for payment of costs under Section 359.
This is a specific statutory cross-reference, not a rule that all unpaid amounts automatically result in imprisonment. The court must apply the relevant recovery provisions and safeguards.
Illustrative example
Suppose a criminal court directs a person to pay an amount under a provision of the CrPC but the Code does not otherwise prescribe a method of recovery. Section 431 allows the amount to be pursued through the recovery mechanism applicable to a fine. Whether a particular method can be used depends on the order, the relevant provisions and the facts.
Related legal provisions
- Section 421 CrPC - warrant for levy of fine.
- Section 357 CrPC - order to pay compensation from fine and other compensation powers.
- Section 359 CrPC - order to pay costs in non-cognizable cases.
- Section 431 CrPC / Section 471 BNSS - money ordered to be paid recoverable as a fine.
- Section 432 CrPC - power to suspend or remit sentences.
Frequently asked questions
What does Section 431 CrPC provide?
It permits recovery of money payable under an order made under the CrPC, other than a fine, as though it were a fine when the Code provides no other express recovery method.
Which BNSS provision corresponds to Section 431 CrPC?
Section 471 of the Bharatiya Nagarik Suraksha Sanhita, 2023 concerns money ordered to be paid recoverable as a fine.
Does Section 431 apply if another recovery method is expressly provided?
No. Its general recovery mechanism applies only where the Code does not expressly prescribe another method of recovery.
How does the provision treat prosecution costs?
Its proviso addresses recovery of costs ordered under CrPC Section 359 by applying the proviso to Section 421(1) with the stated additional reference to costs. Corresponding BNSS provisions must be checked for cases governed by the BNSS.
Official statutory references
- India Code - official central legislation database
- NCRB - BNSS chapters and sections
- NCRB - comparative CrPC and BNSS section table
- BPR&D - BNSS statutory text (PDF)
This article provides general legal information, not case-specific advice. Check the latest enacted text, court orders and applicable procedural rules.