Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C.

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Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis – The transition from Section 125 of the Criminal Procedure Code 1973 to Section 144 of the Bhartiya Nagrik Sraksha Sanhita has significant implications for stakeholders involved. For wives, children, and parents who are dependent on maintenance, the new provisions offer enhanced protection and support. The introduction of interim maintenance provisions ensures timely financial assistance during the pendency of proceedings, alleviating immediate financial hardships. Conversely, for individuals obligated to provide maintenance, the transition brings about heightened enforcement mechanisms and stricter penalties for non-compliance. Let’s comparatively study the both: …….Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Maintenance Sec.125, Cr.P.C. …Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Analysis of Maintenance Section 125 Cr.P.C. in Comparison to Maintenance Under Section 144 BNSS.

125. Order for maintenance of wives, children and parents.—(1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, …..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate *** as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

[Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.] ……Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Explanation ……Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

For the purposes of this Chapter,—
(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority; ……..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: ……..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. …….Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an 3[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. ……Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

(5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent.

Maintenance Sec.144 of Bhartiya Nagrik Suraksha Sanhita 2023 ….Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

144. (1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or ……..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

(d) his father or mother, unable to maintain himself or herself,

A Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance until she attains her majority if the Magistrate is satisfied that the husband of such female, child, if married, is not possessed of sufficient means, ……..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. ….Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Explanation.—(1)For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. ……..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless the application is made to the Court to levy such amount within one year from the date on which it became due,

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer if he is satisfied that there is just ground for so doing. ………..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just grounds for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. …..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

(5) On proof that any wife in whose favor an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Comparison between Section 125 Cr. P.C. and Section 144 BNSS …..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

While both sections aim to achieve the same objective, there are notable differences in their legal provisions, procedural aspects, and scope of applicability. Section 144 of BNSS 2023 extends the definition of maintenance to encompass illegitimate children and introduces stricter provisions regarding enforcement.

Moreover, Section 144 incorporates provisions for expedited disposal of applications for interim maintenance, reflecting a commitment to the timely resolution of disputes. …….Maintenance Sec.125 Cr.P.C. Vs. Sec.144 BNSS. ………..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Key Similarities

Both Section 125 of Cr.P.C. and Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 aim to ensure the financial well-being of vulnerable dependents. They empower magistrates to order individuals with sufficient means to provide a monthly allowance for the maintenance of their wives, children, or parents.

Provisions for Interim Maintenance

Both sections include provisions for interim maintenance, allowing magistrates to order temporary financial support during the pendency of maintenance proceedings. This ensures that dependents receive immediate assistance while the case is ongoing. ………..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Enforcement Mechanisms

Both sections provide enforcement mechanisms to ensure compliance with maintenance orders. Magistrates have the authority to issue warrants for levying the amount due and may impose imprisonment for non-compliance. Additionally, provisions restrict the issuance of warrants beyond a specified time frame to prevent undue delay in enforcement. ………..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Notable Differences

While Section 125 of Cr.P.C. and Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 share common objectives, they also exhibit certain differences in their scope and application.

Terminology and Definitions

The terminology used in both sections varies slightly. For instance, Section 125 of Cr.P.C. refers to “illegitimate” children, while Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 does not explicitly mention this distinction. Similarly, the definition of “minor” may differ slightly between the two provisions. ………..Maintenance U/S 144 BNSS Vs. U/S125 Cr.P.C. – Analysis

Provisions for Canceling Orders

Section 144 of Bhartiya Nagrik Suraksha Sanhita 2023 includes specific provisions for canceling maintenance orders if the recipient is found to be living in adultery or refuses to live with their spouse without sufficient reason. Such provisions aim to prevent misuse of maintenance laws and ensure that support is provided to deserving individuals.