Section 421 in The Code of Criminal Procedure, 1973
421. Warrant for levy of fine.
(1) When an offender has been sentenced ... payment of expenses or compensation out of the fine under Section 357. (2) The State Government may make rules regulating the manner in which warrants
order under Section 359, by virtue of this section, be construed as if in the proviso to Sub-section (1) of Section 421, after ... under Section 359 Cr.P.C. which is a deemed fine under Section 431 , Cr.P.C. is, by the proviso to Section 431, brought
wording of Section 125(3) of Criminal Procedure Code, 1973 permits the Magistrate to follow the procedure prescribed under Section 421 , Criminal Procedure Code ... 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
payable
under this section may be recovered as if it
were a fine under section 421 of the Code
of Criminal Procedure ... interim compensation, deemed as fine under Section
143-A of the Act, can be recovered under Section 421 Cr.P.C by attachment
and sale
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 ... compensation out of
the fine under Section 357.
(emphasis supplied)
8. An analysis of Section 421(1) Cr.P.C. clearly shows that
where
Date:
2023.02.16
17:33:49
+0530
reply to application U/s 431 read with Section 421 Cr.P.C filed on behalf
of respondent ... sought an opportunity
to file a reply to application U/s 421 read with Section 431 Cr.P.C filed
on behalf of respondent
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 ... order under section 359, by
virtue of this section, be construed as if in the
proviso to sub-section (1) of section 421, after
orders of the court are
effectuated.
b. Section 421 of the Code of Criminal Procedure is
unambiguous in its language and uncompromising in its
scope ... Special Reasons Under the Proviso to Section 421
a. Section 421 of the Code of Criminal Procedure provides a
proviso: special reasons must be recorded
