Section 127 CrPC: Alteration in Maintenance Allowance and Section 146 BNSS
A maintenance allowance is not necessarily fixed forever. A Magistrate may increase, reduce, vary or cancel an order when the statutory conditions are established. Section 127 of the Code of Criminal Procedure, 1973 (CrPC) governed this subject; the corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 146.
What is alteration in maintenance allowance?
Alteration in allowance means a judicial change to an existing order for monthly maintenance or interim maintenance. Under Section 127(1) CrPC and the corresponding Section 146(1) BNSS, a Magistrate may alter the allowance on proof of a change in the circumstances of the recipient or the person directed to pay. The original maintenance provisions are Section 125 CrPC and Section 144 BNSS respectively.
The power is discretionary and must be exercised on the evidence. A change in income does not automatically result in an increase or reduction; the court considers the needs of the claimant, the payer's means and other relevant circumstances.
When can maintenance be increased or reduced?
Depending on the facts, relevant changes may include a material increase or decrease in earnings, loss of employment, serious illness, increased educational or medical expenses of a child, changes in dependent family members, or a substantial change in the reasonable needs of the maintenance recipient. The party seeking alteration should establish the change with credible evidence.
Ordinary assertions are insufficient. Income records, salary statements, tax returns, medical documents, school-fee receipts and other relevant financial materials may assist the Magistrate.
Section 127 CrPC and Section 146 BNSS: Subsections explained
Subsection (1): Change in circumstances
Where a person receiving maintenance or interim maintenance, or a person ordered to pay it, proves changed circumstances, the Magistrate may make an appropriate alteration. This covers maintenance payable to a wife, child, father or mother under the corresponding maintenance provision.
Subsection (2): Effect of a civil court decision
If a competent civil court's decision makes cancellation or variation of the maintenance order necessary, the Magistrate must cancel or vary that order accordingly. The legal effect depends on the actual civil decree and its relationship to the maintenance order.
Subsection (3): Divorce, remarriage and settlement
Special rules govern orders made in favour of a divorced woman:
- Remarriage: Where the woman remarries after divorce, the order is cancelled from the date of remarriage.
- Payment under personal or customary law: Where the statutory requirements are met and the full sum payable on divorce under applicable law has been received, cancellation takes effect from the date specified in the provision, depending on when payment was made and the period of maintenance actually paid.
- Voluntary surrender: Where the woman obtained divorce and voluntarily surrendered her maintenance rights after divorce, the provision directs cancellation from the relevant date.
These rules require careful application to the facts and applicable personal law. A payment or settlement should not be assumed, without legal examination, to extinguish every statutory maintenance claim.
Subsection (4): Adjustment in civil proceedings
When a civil court makes a decree for recovery of maintenance or dowry in favour of a person already receiving maintenance or interim maintenance under the relevant criminal-procedure provision, it must take into account amounts paid or recovered under the maintenance order. This helps avoid overlapping recovery for the same obligation.
How to apply for alteration of maintenance
An affected person may apply to the competent court dealing with the maintenance order, identifying the original order, the material change since that order, and the precise relief requested. Supporting documents should be attached. The opposite party ordinarily has an opportunity to respond, and the court determines the application in accordance with the applicable procedure.
Example: If a maintenance order was made when the payer earned a modest salary but the payer's established income later increases substantially, the recipient may seek enhancement. Conversely, a genuine and material reduction in the payer's capacity may support an application for reduction. Neither result is automatic.
The effective date of any alteration depends on the applicable law and the court's order. Until modified or cancelled, an existing maintenance order should not be treated as suspended merely because an application has been filed.
CrPC to BNSS: Corresponding maintenance provisions
- Section 125 CrPC corresponds to Section 144 BNSS — order for maintenance of wives, children and parents.
- Section 126 CrPC corresponds to Section 145 BNSS — procedure.
- Section 127 CrPC corresponds to Section 146 BNSS — alteration in allowance.
- Section 128 CrPC corresponds to Section 147 BNSS — enforcement of maintenance orders.
Historical state amendments to Section 127 CrPC
The earlier CrPC text carried state-specific amendment notes. Their historical context is retained here, but they should not be read as current BNSS amendments without checking the applicable state law and repeal-and-savings position.
- Madhya Pradesh: Madhya Pradesh Act 15 of 2004, Section 4, substituted a reference to include grandfather and grandmother in Section 127(1).
- West Bengal: West Bengal Act 14 of 1995, Section 3, referred to a revised amount of Rs. 1,500 in the former proviso; West Bengal Act 33 of 2001, Section 4, subsequently omitted that proviso.
- Maharashtra: Maharashtra Act 21 of 1999, Section 3, amended the former proviso and the wording of subsection (4), including reference to lump-sum allowance.
- Uttar Pradesh: Uttar Pradesh Act 36 of 2000, Section 3, substituted Rs. 5,000 in the former proviso.
These monetary-limit references are historical and should not be presented as current nationwide maintenance ceilings. The original page also recorded amendments by Central Act 50 of 2001, Section 3, effective 24 September 2001, concerning interim maintenance and the language of Section 127.
Frequently asked questions
Is Section 127 CrPC still applicable after 1 July 2024?
The CrPC has been repealed, but Section 531 BNSS saves specified pending proceedings and other matters. Whether a particular application proceeds under the CrPC or BNSS depends on its procedural history and the savings provision.
Which BNSS section replaces Section 127 CrPC?
Section 146 BNSS is the corresponding provision governing alteration in maintenance allowance.
Can a maintenance order be reduced after loss of employment?
A genuine material change may justify an application, but unemployment alone does not automatically cancel liability. The court examines the evidence and overall circumstances.
Does remarriage affect a divorced woman's maintenance order?
Yes. Under the specific statutory rule, an order in favour of a divorced woman is cancelled from the date of her remarriage when that fact is established.
Official legal sources and further reading
Legal information only. Verify the latest statutory text, applicable state amendments and judicial decisions before relying on this article in proceedings.