Section 471 of BNSS : Section 471: Money ordered to be paid recoverable as a fine.

BNSS

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Explanation using Example

Example 1:

Scenario: Rajesh was convicted of a minor offense under the Bharatiya Nagarik Suraksha Sanhita 2023. The court ordered him to pay compensation to the victim for the damages caused. However, Rajesh failed to pay the compensation within the stipulated time.

Application of Section 471: Since the compensation ordered by the court is not a fine but is payable by virtue of the court's order, and there is no other specific method provided for its recovery, the compensation amount can be recovered as if it were a fine. This means that the authorities can use the same procedures they would use to collect a fine, such as attaching Rajesh's property or deducting the amount from his salary.

Example 2:

Scenario: Priya was involved in a civil dispute where the court ordered her to pay the legal costs incurred by the other party under Section 400 of the Bharatiya Nagarik Suraksha Sanhita 2023. Priya did not comply with the order to pay these costs.

Application of Section 471: The order for Priya to pay the legal costs is not a fine, but it is enforceable under the Sanhita. Since there is no specific method provided for recovering these costs, Section 471 allows these costs to be recovered as if they were a fine. This means that the court can take measures such as issuing a warrant for the attachment of Priya's property to recover the amount due.

Example 3:

Scenario: Anil was found guilty of causing public nuisance and the court ordered him to pay for the cleanup costs incurred by the municipal corporation. Anil ignored the court's order and did not pay the cleanup costs.

Application of Section 471: The cleanup costs ordered by the court are not a fine but are payable by virtue of the court's order. Since there is no other specific method provided for recovering these costs, Section 471 allows these costs to be recovered as if they were a fine. This means that the municipal corporation can request the court to initiate recovery proceedings similar to those used for fines, such as seizing Anil's assets or garnishing his wages.

Example 4:

Scenario: Sunita was ordered by the court to pay restitution to a victim for medical expenses under the Bharatiya Nagarik Suraksha Sanhita 2023. Sunita did not make the payment as ordered.

Application of Section 471: The restitution for medical expenses is not a fine but is payable by virtue of the court's order. Since there is no specific method provided for its recovery, Section 471 allows the restitution amount to be recovered as if it were a fine. This means that the court can use enforcement mechanisms such as issuing a distress warrant to recover the amount from Sunita.

Example 5:

Scenario: The court ordered Ramesh to pay for the damages caused to a public property during a protest. Ramesh did not comply with the court's order.

Application of Section 471: The payment for damages to public property is not a fine but is payable by virtue of the court's order. Since there is no other specific method provided for its recovery, Section 471 allows the damages to be recovered as if they were a fine. This means that the authorities can take actions such as attaching Ramesh's bank accounts or auctioning his property to recover the amount due.

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