Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

 

📘 Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Title: Order for Maintenance of Wives, Children, and Parents

Chapter: Chapter X

Corresponding to: Section 125 of the Code of Criminal Procedure (CrPC), 1973

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📝 Key Provisions:

1. Obligation to Maintain:

   • A person with sufficient means who neglects or refuses to maintain:

     • His wife, unable to maintain herself;

     • His legitimate or illegitimate child, whether married or not, unable to maintain itself;

     • His legitimate or illegitimate child (not being a married daughter) who has attained majority but is unable to maintain itself due to physical or mental abnormality or injury;

     • His father or mother, unable to maintain themselves.

2. Magistrate's Authority:

   • A Magistrate of the first class may, upon proof of such neglect or refusal, order the person to make a monthly allowance for the maintenance of the wife, child, father, or mother at a rate the Magistrate deems fit.

3. Interim Maintenance:

   • During the pendency of proceedings, the Magistrate may order the person to make a monthly allowance for interim maintenance and the expenses of the proceedings, which should be disposed of as far as possible within sixty days from the date of service of notice.

4. Enforcement:

   • If the person fails to comply with the order without sufficient cause, the Magistrate may issue a warrant for levying the amount due and may sentence the person to imprisonment for a term which may extend to one month or until payment is made.

5. Conditions for Wife's Entitlement:

   • A wife shall not be entitled to receive maintenance if she is living in adultery, refuses to live with her husband without sufficient reason, or if they are living separately by mutual consent.

6. Cancellation of Order:

   • On proof that the wife is living in adultery, refuses to live with her husband without sufficient reason, or is living separately by mutual consent, the Magistrate shall cancel the order.

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⚖️ Comparison with Section 125 CrPC:

Aspect	Section 125 CrPC (1973)	Section 144 BNSS (2023)
Scope of Maintenance	Wife, children, parents	Wife, children, parents
Interim Maintenance	Not explicitly provided	Explicitly provided
Enforcement	Warrant for levy and imprisonment	Warrant for levy and imprisonment
Conditions for Wife's Entitlement	Not specified	Specifies conditions under which a wife is not entitled to maintenance
Cancellation of Order	Not specified	Specifies grounds for cancellation of order