Section 185 in Criminal Rules of Practice and Circular Orders, 1990
185. Rules for levy of fine:
- Rules under Section 421 (2) of the Code, for the execution of warrant for levy of fine 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.(1)A warrant for the levy of fine issued under Clause (a) of sub-section (1) of Section 421 of the Code, shall be directed to a Police Officer and shall be in Form No. 43 of Schedule II of the Code.(2)The authority issuing the warrant shall specify a time for the sale of the attached property and for the return of the warrant.(3)The following articles shall not be liable to attachment to sale viz.,The necessary wearing apparel, cooking vessels, beds and bedding of the offender, his wife and children and such personal ornaments as in accordance with custom or religious usage cannot be parted with by a woman, for example, Thali or wedding ring.(4)The attachment of movable property belonging to the offender shall be made by seizure: -Provided that, where, in addition to or in lieu of seizure, the Police Officer considers that either or both of the methods referred to in Clauses (b) and (c) of Sub-section (3) of Section 83 of the Code should be adopted, he shall obtain an order to that effect from the Court issuing the warrant(5)When the method referred to in Clause (b) of sub-section (3) of Section 83 of the Code is adopted and a Receiver is appointed, the powers, duties and liabilities of such Receiver shall be same as those of a Receiver appointed under Order XL of the First Schedule to the Code of Civil Procedure, 1908.(6)The Police Officer, who makes an attachment of movables under sub-rules (4) and (5) may, after attachment, handover the articles attached to a third party on a Bond being executed in Form No. 15-A of Appendix 'E' to the Code of Civil Procedure, 1908, for their custody and production before the Court when required.(7)Before making the attachment, the Police Officer shall deliver or tender a copy of the warrant, to the offender or, in his absence to any adult male member of his family. If a copy cannot be so delivered or tendered, the Police Officer shall affix a copy of the warrant at some conspicuous place where the property to be attached is found. After making the attachment, the Police Officer shall, in like manner, deliver, tender or affix, as the case may be, an inventory of the property attached.(8)If no claim is preferred to any property attached within the time prescribed by the Code by any person other than the offender, the Police Officer executing the warrant shall have power to sell within the time mentioned in the warrant and without previous reference to the Court issuing the warrant, the property or such portion thereof as may be sufficient to satisfy the amount to be levied :Provided that if the property attached consists of livestock or is subject to speedy and natural decay or if its immediate sale would be for the benefit of the owner, the Court may order the sale at once, but the proceeds of the sale shall not be appropriated towards the fine until the expiration of two months from the date of the attachment, and until any claim preferred under Rule 9, has been disposed of.(9)If any claim is preferred to any property attached under sub-rules (4) and (5) within the time prescribed of the Code, by any person other than the offender, on the ground that the claimant has an interest in such property and that such interest is not liable to attachment, the claim shall be enquired into and disposed of as provided in sub-rules (10) to (12) :Provided that, any claim preferred within the period allowed by this rule, may, in the event of the death of the claimant, be continued by his legal representative.(10)Claims may be preferred under sub-rule (9) in the Court by which the warrant is issued if the claim relates to property attached under warrant endorsed by the District Magistrate under Section 477 of the Code in the Court of such Magistrate.(11)Every such claim shall be enquired into and disposed of by the Court in which it is preferred :Provided that, if preferred in the Court of a Chief Judicial Magistrate, such Magistrate may make it over to any Magistrate.(12)The enquiry shall be summary and the Court shall record its decision on the claim with the reasons thereof. Such decision shall be final and shall forthwith be communicated to the Police Officer executing the warrant who shall dispose of the property in accordance with such decision.(13)The Police Officer or other officer authorised to sell, shall, as soon as possible after the sale, produce the sale proceeds before the Court issuing the warrant or if the property was sold under warrant endorsed by a District . Magistrate under Section 477 of the Code, in the Court of such Magistrate.(14)Subject to the proviso to sub-section (1) of Section 421 of the Code and subject also to Section 70 of the Indian Penal Code if, at any time subsequent to the return of the warrant, the fine, or any part thereof, remains unpaid, and the Court has reasonable grounds for believing that the offender has any movable property, it may issue a fresh warrant for the attachment and sale of such property in accordance with the Code and these rules.Compensation under Section 357 of the Code
