Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 464: Warrant for Levy of Fine Issued by a Court in Any Territory to Which This Sanhita Does Not Extend
Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorizing him to realize the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 462 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly.
Brefe Detail
This section outlines the validity of warrants issued by courts in territories not covered by the Bharatiya Nagarik Suraksha Sanhita. If such a court issues a warrant to a Collector in a territory where the Sanhita is applicable, the warrant is treated as if it were issued under section 462 of the Sanhita, allowing it to be executed under the same provisions.
Question & Answers
Q1: What does section 464 state regarding warrants issued by courts in non-applicable territories?
A1: It states that warrants issued by courts in territories not covered by the Sanhita can still be valid if issued to a Collector in territories where the Sanhita does apply.
Q2: What happens when a warrant is issued to a Collector in an applicable territory?
A2: The warrant will be deemed as a warrant issued under clause (b) of sub-section (1) of section 462 and will follow the execution provisions outlined in that section.
Q3: Is there any law that supersedes the provisions mentioned in section 464?
A3: No, the section specifies that it operates notwithstanding anything contained in the Sanhita or any other law in force.
Example
- Example 1: If a Criminal Court in Territory X (not covered by the Sanhita) sentences an offender to pay a fine and issues a warrant to the Collector in Territory Y (where the Sanhita applies), that warrant can be executed as per the provisions of section 462.
- Example 2: A court in a region outside the Sanhita's jurisdiction issues a warrant for a fine collection. When this warrant is sent to a Collector in an area under the Sanhita's jurisdiction, it will be treated as valid for enforcement.
Summary
Section 464 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies the treatment of warrants issued by courts in territories not covered by the Sanhita. These warrants can be enforced in applicable territories by the Collector, and they are deemed valid under the same rules as those established in section 462 of the Sanhita.
