A distress warrant is a legal document issued by a court or competent authority that authorizes the seizure of a person’s property in order to recover a debt, fine, or other financial obligation that remains unpaid.
Key Features of a Distress Warrant:
- Issued by Court or Authority: Typically issued when someone has failed to pay a fine, rent, or tax.
- Enforcement Tool: It allows authorities (such as bailiffs or recovery officers) to enter the debtor’s premises and seize movable property.
- Used in Civil and Criminal Cases:
- In criminal cases, it may be used to enforce unpaid fines.
- In civil cases, it’s often used for rent recovery or execution of decrees involving monetary payments.
Example Situations:
- A person fails to pay a traffic fine—a court may issue a distress warrant to recover the amount by attaching their property.
- A tenant doesn’t pay rent despite a decree—a landlord may seek a distress warrant to recover due rent via attachment of tenant’s goods.
Indian Context:
In India, a distress warrant can be issued under:
- The Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 461 – for recovery of fines imposed by criminal courts.
- Civil Procedure Code (CPC) – for executing money decrees.
- Certain statutes (like Income Tax Act, Municipal Acts, etc.) also provide for distress warrants for recovery of dues.
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