Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 472: Money Ordered to Be Paid Recoverable as a Fine
Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine:
Provided that section 462 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 462, after the words and figures under section 395, the words and figures or an order for payment of costs under section 401 had been inserted.
Brief Detail
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes that any money ordered to be paid, which is not classified as a fine, will be recoverable in the same manner as a fine if no other recovery method is specified. Additionally, it modifies the interpretation of section 462 to include orders for payment of costs under section 401, alongside orders under section 395.
Question & Answers
Q1: What does Section 472 state about money ordered to be paid?
A1: It states that any money payable by virtue of an order made under this Sanhita, which is not a fine, shall be recoverable as if it were a fine.
Q2: Are there exceptions to the recovery method outlined in Section 472?
A2: Yes, the recovery method applies only if it is not otherwise expressly provided for by any other order.
Q3: How does Section 472 affect Section 462?
A3: Section 472 modifies the application of Section 462 to include orders for payment of costs under section 401, in addition to those under section 395.
Example
- General Recovery: If a person is ordered to pay ₹10,000 for damages under a provision of the Sanhita, and no specific recovery method is provided, this amount will be recoverable as if it were a fine.
- Cost Payment: A court orders a defendant to pay costs related to a case. Under Section 472, this payment can be recovered in the same way as a fine, should no other method be specified.
- Application of Section 462: If a judge issues an order under Section 400 for costs, Section 472 ensures that this order will be treated as if it includes provisions from Section 462 regarding the recovery of fines.
Summary
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies the recoverability of any money ordered to be paid, treating it as a fine when no other recovery method is specified. It also updates Section 462 to encompass orders for payment of costs, ensuring a consistent approach to recovery across different sections.
