CrPC Section 431
Section 431 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 431 CrPC — Money Ordered to be Paid Recoverable as a Fine
📜 Text of Section 431:
"Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery is not otherwise expressly provided for, shall be recoverable as if it were a fine."
🔍 Explanation and Key Points:
What kind of money does this refer to?
Not a fine, but any other sum of money that:
A person is ordered to pay under a provision of the CrPC.
E.g., compensation to victims, maintenance, or costs of prosecution.
When does Section 431 apply?
When CrPC directs someone to pay money, but does not specify a recovery method.
In such cases, the amount is recovered using the same procedure as recovery of fines (as per Section 421 CrPC).
Effect:
Enables enforcement of monetary orders passed under CrPC.
Ensures parties cannot escape liability due to procedural gaps.
Recovery methods include:
Attachment and sale of property.
Recovery as arrears of land revenue through the District Collector.
🧑⚖️ Example:
Suppose a court orders a convicted person to pay ₹15,000 as compensation to the victim under Section 357 CrPC, and the person fails to pay.
If CrPC doesn’t specify how to recover this, Section 431 allows the amount to be recovered as if it were a fine — using attachment or revenue recovery.
📌 Purpose of Section 431:
To strengthen enforcement of non-fine monetary orders.
Prevent evasion of financial obligations under judicial orders.
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