Section 421 in The Code of Criminal Procedure, 1973
421. Warrant for levy of fine.
(1) When an offender has been sentenced
recover the amount liable to be continued under the proviso to Section 421 , Cr.P.C. even after the accused undergone the default sentence? These ... 421 , Cr.P.C. did already cover all payments directed under Section 357. Cr.P.C . and not the one under Section 357(1)
Code, 1973 permits the Magistrate to follow the procedure prescribed under Section 421 , Criminal Procedure Code for levy of fines for recovery of arrears ... Sections 125(3) and 421 of Criminal Procedure Code, 1973 in this connection. Section 125(3) , Criminal Procedure Code, 1973 provides that if any person
defined in the Code of Criminal Procedure , the definition is given in Section 22 of the Indian Penal Code. Section 22 of ... Code of Criminal Procedure , 1973 is a Central Legislation. Therefore, for interpreting the provisions contained in the Code of Criminal Procedure , a reference
recovered as if it
were a fine under section 421 of the Code
of Criminal Procedure, 1973(2 of 1974).
(6) The amount of fine ... silence the consequences of coercive procedure of recovery of the amount
as fine, as prescribed under Section 421 Cr.P.C. Hence, the provision being
Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal
Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
criminal court issue a warrant under Section 421
Cr.P.C. for recovery of the fine/compensation imposed without
and before executing the default sentence ... bound to
Crl.M.C.No. 3677 of 2008
9
attempt to recover the fine amount by issue of warrants under Section
421
reply to application U/s 431 read with Section 421 Cr.P.C filed on behalf
of respondent no.1(hereinafter referred to as respondent ... Trial Court could not
have taken recourse to application 431 read with 421 Cr.P.C as there is
no such provision
that the
complainant ( respondent herein) has filed an execution
petition under Section 421 Cr.P.C. r/w Section 357(3)
Cr.P.C. against ... important to examine
the relevant provisions of the Code of Criminal Procedure ,
1973.
20. Section 357 (3) Cr.P.C. provides:
When a Court imposes