Section 89: Sale of property seized in execution
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
89. Sale of property seized in execution
(1) All movables seized under this Act shall be sold as movables taken in
execution in a civil case, and the proceeds, if any, shall, after deduction of
the expenses of seizure and sale, be applied to the payment or reduction of
the fine and costs, and the imprisonment shall thereupon be reduced in conformity with the scale given in the Third Schedule.
(2) In the case of insufficient distress under section 88, the Magistrate
may issue a writ of execution against any immovable property belonging to
the person convicted, or to such person’s surety or sureties (even if the
amount of the fine and costs exceeds 2,000 rupees) in whatever district the
immovable property may be situate, and thereupon execution shall proceed
in the manner provided by section 25 of the District and Intermediate Courts
(Civil Jurisdiction) Act, and the proceeds of the sale shall be applied in the
manner provided by subsection (1).
(3) Sums recovered by way of seizure, or paid by or on behalf of the person convicted, shall be applied in the first instance to the payment of the
costs.
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Questions this section answers
- If my property is seized and sold to pay a fine, is my prison term reduced according to how much is recovered?