Official criminal procedure provision under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Official Statutory Wording (100% Legally Correct)
(1) When an offender has been sentenced to pay a fine, but no such payment has been made, 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 395. (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
Simplified Legal Summary
This section details the statutory rules, frameworks, and procedures under Section 461 of the BNSS.
Legal Compliance Notice
This content is compiled from the official Gazette of India publication. For active legal actions, petitions, or filings, citizens are advised to cross-reference this clause with their legal advocate under the corresponding Sections of the BNSS 2023.
Frequently Asked Questions (FAQs)
Q: What does BNSS Section 461 cover?
A: Section 461 of the BNSS 2023 deals with: "the offender". It is part of India's updated criminal procedure law that replaced the old CrPC 1973, effective July 1, 2024.
Q: Which old CrPC section does BNSS Section 461 replace?
A: BNSS Section 461 ("the offender") is part of the BNSS 2023 which replaced the entire CrPC 1973. Many sections were renumbered — use the Law Decoder for exact cross-references.
Q: Does BNSS Section 461 apply across all Indian states?
A: Yes. BNSS 2023 applies to the whole of India except Nagaland and specified tribal areas (per Section 1 BNSS). Section 461 ("the offender") follows this national applicability.
Q: When did BNSS Section 461 come into effect?
A: The BNSS 2023 — including Section 461 ("the offender") — came into effect on July 1, 2024, by Central Government notification in the Official Gazette.
