277. Recovery of fine-

Under Section 431 of the Code of Criminal Procedure, 1973 (2 of 1974) (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.

278. Execution of warrants of recovery-

Warrants for recovery of fines by attachment and sale of movable property should be executed in the following manner :

(1) Such warrants shall ordinarily be directed through the Public Prosecutor to the police officer-in-charge of the circle, within which the property of the offender is situated and may be endorsed by the station officer to any police officer subordinate to him.

(2) Payment of the fine shall first be demanded from the person liable.

(3) If payment is made to the police officer on demand, the money shall be paid by him into the nearest treasury or subtreasury, the warrant returned to the Court with an endorsement of execution.

(4) If payment is not made at once, the police officer bearing the warrant will attach the movable property of the person fined to an amount sufficient to liquidate the fine. He will then return the warrant to the Magistrate, after endorsing on it a note of what has been done.

(5) If it is necessary to sell the attached property, the sale will be made not by the police, but by the nazir or kurk amin under the Magistrate’s orders.

279. Process after payment of money into a treasury-

When money is paid by a police officer into a treasury or sub-treasury, it should be sent with a pass-book (High Court Form No. 3) and a separate extract therefrom in duplicate, respecting each item entered therein.

The officer-in-charge of the treasury or sub-treasury shall, on receipt of the money, sign the pass-book on one of the extracts and return them.

The extract so returned shall be forwarded by the officer-in-charge of the police station to the Court which ordered the payment, or if that Court be the Court of Session, to the District Magistrate.

On receipt of pass-book extract from an officer-in-charge of a police station, Magistrate will forward to such officer a check receipt (High Court printed Form Part XVI, No.3). The check receipt may be prepared in English or in the vernacular or both; but in any case the words and figures denoting the sum for which the receipt is being issued will be written on the receipt by the presiding officer of the Curt with his own hand, and he must sign the receipt;.

280. Service of summons outside the local limits of the jurisdiction of the issuing Court-

When a police officer serves a summon outside the local limits of the jurisdiction of the Court from which it was issued, he shall make an affidavit in Form No. 42, before the nearest Magistrate. The affidavit and the duplicate of the summons shall be returned to the Court by which the summons was issued. Printed forms of the affidavit shall be issued to all officers-in-charge of police stations.

281. Time for keeping warrant of arrest in a non-cognizable case-

No warrant of arrest in a non-cognizable case shall for any reason be kept by the police for more than six weeks. When a warrant is returned unexpected full reason for its non-execution mut be reported to the Court.

282. Police will refuse to accept irregular processes-

Except in the case of a warrant issued by a Magistrate against a defaulter residing beyond the limits of the jurisdiction for the local body on whose behalf such warrante has been issued, the execution of warrants of the recovery of Municipal, District board, Cantonment board and notified area or town area is not a police duty and must be performed by a member of the staff of the local body concerned. The police will refuse to accept irregular processes of any kind for service.