Money ordered to be paid recoverable as a fine
Section 431 of the Code of Criminal Procedure, 1973 deals with money ordered to be paid recoverable as a fine. Money ordered to be paid recoverable as fine. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Money ordered to be paid recoverable as fine. Any money (other than a fine) payable by virtue of any order made under this Code, 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 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 421, after the words and figures "under section 357", the words and figures "or an order for payment of costs under section 359" had been inserted,
E.-Suspension, remission and commutation of sentences
Section 431, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 471 Money ordered to be paid recoverable as a fine Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Kumaran vs State of Kerala
Court's Decision & Legal Precedent
When compensation is ordered under Section 357(3) of the Criminal Procedure Code, the deeming fiction contained in Section 431 Cr.P.C. extends the application of Section 421(1) and Section 70 IPC to such compensation. Consequently, compensation remains recoverable even after the accused has undergone the default imprisonment sentence prescribed for non-payment, without the necessity for recording special reasons in writing. This is because the proviso to Section 421(1), as amended following the 41st Law Commission Report, creates a disjunctive category for compensation orders that operates independently of the requirement for special reasons.
On this section: Deeming fiction provision making compensation recoverable as if it were a fine; extends application of Section 421 to compensation orders
-
Sabu Joseph vs K. A. Abbas
Court's Decision & Legal Precedent
A court exercising jurisdiction under Section 357(3) of the Criminal Procedure Code can impose a default sentence of imprisonment in case of non-payment of the compensation amount ordered, as such compensation is recoverable as if it were a fine under Section 431 Cr.P.C read with Section 421 and Section 64 IPC, and such default sentence serves as a mode of enforcement to ensure accused pays compensation to the victim. The legislative intention reflected in Sections 357(3), 421, 431 and 64 read together clearly empowers courts to impose default sentences for non-payment of compensation awarded under Section 357(3).
On this section: Provides that any money payable under Criminal Procedure Code shall be recoverable as if it were a fine. Court held compensation under Section 357(3) falls within this provision.
-
A. K. Vijaya Kumar vs R. Mohan
Court's Decision & Legal Precedent
When a court imposes a sentence of imprisonment without a fine component under Section 357(3) of the Code of Criminal Procedure, it possesses the legal power and authority to award an alternative sentence of imprisonment in default of payment of the compensation amount ordered by that court, because (1) such power is necessary to give effect to Section 357(3)'s objective of ensuring victim compensation is not rendered illusory; (2) the absence of an enforcement mechanism with deterrent effect would frustrate the entire purpose of the compensation order; (3) Section 431 of CrPC puts compensation awards on par with fines for recovery purposes, and since Section 64 of IPC permits default imprisonment for non-payment of fines, the same principle applies to compensation; (4) the court may impose a reasonable compensation amount and provide reasonable time for payment, enforcing the order by imposing a default sentence, thereby ensuring both victim relief and proportionate deterrence against the offender.
On this section: Critical provision stating that any money payable under CrPC orders (other than fine) whose recovery is not expressly provided for shall be recoverable as if it were a fine. Applies compensation orders within the framework of Section 421, thus enabling default sentences for compensation.
-
Vijayan vs Sadanandan K.
Court's Decision & Legal Precedent
While awarding compensation under Section 357(3) of the Criminal Procedure Code, courts are within their jurisdiction to include a default sentence of imprisonment in case of non-payment of compensation. The combined reading of Section 357(3) Cr.P.C., Section 431 Cr.P.C. (which makes money other than fine recoverable as if it were a fine when recovery method is not otherwise expressly provided), and Section 64 IPC (which empowers courts to direct that in default of payment of fine, offender shall suffer imprisonment) authorizes courts to impose default sentences for non-payment of compensation awarded under Section 357(3).
On this section: Provides that money other than fine payable under the Code, where recovery method is not expressly provided, shall be recoverable as if it were a fine; key provision linking compensation to fine recovery mechanisms including default sentence
-
Madhav Saran Agarwal vs Msx Mall Pvt. LTD
Court's Decision & Legal Precedent
Section 138/141 proceedings under the Negotiable Instruments Act against a corporate debtor are covered by the moratorium provision in Section 14(1)(a) of the Insolvency and Bankruptcy Code, 2016, as such proceedings relate to transactions evidencing debt of the corporate debtor and result in depletion of its assets through compensation orders, thereby directly impacting the object of the moratorium which is to preserve the corporate debtor's assets during the insolvency resolution process so it can continue as a going concern and be rehabilitated. However, the moratorium applies only to the corporate debtor and not to natural persons (Directors/officers) in charge of and responsible for the conduct of the business of the corporate debtor, who remain liable to prosecution under Section 138/141 as the corporate debtor is a necessary party to such proceedings.
On this section: Cited in context of warrants of attachment issued in Section 138 cases
-
K. A. Abbas H. S. A vs Sabu Joseph
Court's Decision & Legal Precedent
Section 357(3) of the Criminal Procedure Code, 1973, when read in conjunction with Sections 431 and 421 of Cr.P.C. and Section 64 of IPC, empowers courts to impose a sentence of imprisonment in default of payment of compensation ordered to be paid to a victim. Such default sentence is an enforcement mechanism, not a substantive sentence, and its imposition is both the power and duty of courts considering the nature of offence, circumstances of commission, the offender's capacity to pay, and the principle that the object of compensation is to provide total justice to victims. The case law establishing this position, particularly Hari Singh v. Sukhbir Singh (1989) and its subsequent reiterations, represents settled law that has been followed by the Supreme Court for over two decades and cannot be overruled by isolated contrary decisions at High Court level.
On this section: Critical provision stating that compensation orders are recoverable as if they were fines. Court relied on this to establish that default sentences applicable to fines equally apply to compensation.
-
R. Mohan vs A. K. Vijaya Kumar
Court's Decision & Legal Precedent
The court possesses the inherent power and authority under Sections 357(3), 421, and 431 of the Criminal Procedure Code, read in conjunction with Section 64 of the Indian Penal Code, to impose a sentence of imprisonment in default of payment of compensation ordered by it. This power is not ancillary to other sentences but stands independently and is essential to the efficacy of compensation orders. Without such enforcement mechanism, compensation orders would be rendered illusory and the purpose of providing relief to crime victims would be frustrated. Therefore, a sentence in default of payment of compensation is legally valid and enforceable.
On this section: Recovery of money ordered under the Code (other than fines) as if it were a fine; compensation orders placed on par with fines for recovery purposes
-
Rashida Kamaluddin Syed vs Shaikh Saheblal Maradn (d) Th. Lrs.
Court's Decision & Legal Precedent
Upon the death of a complainant in a criminal case, the proceedings do not abate. The Code of Criminal Procedure does not expressly provide for abatement of inquiries and trials upon death of a complainant. Legal heirs of a deceased complainant can be validly permitted by the court to continue the criminal prosecution against the accused under Section 302 of the Code of Criminal Procedure (corresponding to Section 495 of the old Code). This principle applies to all criminal cases based on the scheme of the Code and is not limited to cases triable by the Court of Session or cases involving any particular level of offence. Once such permission is granted by the court and is not challenged by the accused, it attains finality and cannot be subsequently challenged as illegal or unlawful.
On this section: Abatement of appeals on death of accused or appellant - Discussed to distinguish appeals from trials
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 431
What have the courts held on Section 431 of the Code of Criminal Procedure?
Kumaran vs State of Kerala (05 May 2017) is the leading judgment on this section among those set out below: Deeming fiction provision making compensation recoverable as if it were a fine; extends application of Section 421 to compensation orders. Another 7 judgments on this section are set out below, all of them from the Supreme Court. They run from 2007 to 2021.
How do I find court cases under Section 431 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 431, section 431 CRPC, section 431 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 8 reported judgments on this section are set out on this page, beginning with Kumaran vs State of Kerala (05 May 2017).
What should I read with Section 431 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 357 (Order to pay compensation), section 359 (Order to pay costs in non-cognizable cases), section 421 (Warrant for levy of fine), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 471 (Money ordered to be paid recoverable as a fine), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 431 of the Code of Criminal Procedure come into force?
Section 431 of the Code of Criminal Procedure, cited as CRPC 431, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.