Section 386(1) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(1)Whenever 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 release the amount by execution according to civil process against the movable or immovable property, or both, of the defaulter :Provided that, if the sentence directs that in default of payment of 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 to do so.
