Section 128 CrPC: Enforcement of Maintenance Orders and Section 147 BNSS
Section 128 of the Code of Criminal Procedure, 1973 provided for enforcement of maintenance orders. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 147, effective from 1 July 2024.
What is Section 128 CrPC?
Section 128 CrPC dealt with the enforcement of orders for maintenance, interim maintenance and expenses of proceedings. It ensured that a person entitled to maintenance could obtain a free copy of the order and seek its enforcement before a Magistrate where the person liable to pay was found, subject to proof of identity and unpaid dues.
Section 147 BNSS: Current corresponding provision
Section 147 of the BNSS, titled Enforcement of order of maintenance, substantially carries forward the mechanism formerly contained in Section 128 CrPC.
A copy of the order of maintenance or interim maintenance and expenses of proceedings is to be supplied free of charge to the person in whose favour it is made, the guardian where applicable, or the person to whom payment is directed. The order may be enforced by a Magistrate where the person liable is present, after satisfaction regarding the identity of the parties and the amount remaining unpaid.
Plain-language summary of Section 147 BNSS; consult the official statutory text for exact wording.
Key expressions explained
- Maintenance: Financial support ordered for an eligible wife, child or parent under the applicable maintenance provisions.
- Interim maintenance: Temporary financial support awarded while the main maintenance proceedings remain pending.
- Expenses of proceedings: Litigation-related expenses awarded by the Magistrate under the applicable provision.
- Enforcement: The legal process used to secure compliance with a maintenance order that has not been paid.
CrPC and BNSS: Corresponding sections
| CrPC, 1973 | BNSS, 2023 | Subject |
|---|---|---|
| Section 125 | Section 144 | Maintenance of wives, children and parents |
| Section 126 | Section 145 | Procedure in maintenance cases |
| Section 127 | Section 146 | Alteration in maintenance allowance |
| Section 128 | Section 147 | Enforcement of maintenance orders |
How can a maintenance order be enforced?
- Obtain the order: The beneficiary, guardian or designated recipient is entitled to a free copy under Section 147 BNSS.
- Identify the default: Prepare a record of the instalments and expenses due, payments received and unpaid balance.
- Approach the competent Magistrate: The enforcement provision permits action where the person liable to pay may be found, subject to applicable law and any relevant state amendment.
- Establish identity and non-payment: The Magistrate must be satisfied about the parties and the unpaid amounts.
- Seek recovery measures: Section 144(3) BNSS separately provides for enforcement following non-compliance without sufficient cause, including a warrant for levying amounts due and, subject to statutory conditions, imprisonment for default.
Important: Section 147 identifies the enforceability of the order; the recovery powers and conditions are primarily set out in Section 144(3) BNSS. The latter contains specific rules, including the one-year application proviso for levying a sum under that subsection. An enforcement application should be prepared with these requirements in mind.
Can an order be enforced outside the district where it was made?
Yes. The central wording of Section 147 BNSS allows enforcement by a Magistrate in a place where the person against whom the order was made may be, subject to the Magistrate being satisfied regarding identity and non-payment. This is particularly useful when the person liable to pay moves to another district.
Historical state amendment: Andhra Pradesh and Telangana
The original Section 128 CrPC included a state amendment associated with Andhra Pradesh Act 18 of 2007, Section 3, omitting the expression "where the person against whom it is made, may be". Older compilations also reproduce this amendment under Andhra Pradesh and Telangana.
This is retained as historical legislative information. Its present territorial application and any corresponding modification under the BNSS should be checked against the applicable state legislation and notifications before relying upon it in proceedings.
Legislative history
Section 128 CrPC was amended by the Code of Criminal Procedure (Amendment) Act, 2001 (Act 50 of 2001), Section 4, effective 24 September 2001. The changes expanded the language to expressly cover interim maintenance and expenses of proceedings, in addition to maintenance allowances.
Frequently asked questions
Is Section 128 CrPC still in force?
The CrPC was repealed with effect from 1 July 2024. Section 147 BNSS is the corresponding current provision, subject to the savings and transitional arrangements in Section 531 BNSS.
Can a beneficiary get a free copy of the maintenance order?
Yes. Section 147 BNSS requires a copy to be supplied without payment to the person entitled, their guardian if any, or the designated recipient.
What happens when maintenance is not paid?
The beneficiary may seek enforcement and recovery in accordance with Sections 144(3) and 147 BNSS, subject to the facts of the case and statutory conditions.
Does Section 147 itself prescribe imprisonment?
No. The relevant default and recovery provisions, including imprisonment subject to conditions, appear in Section 144(3) BNSS.
Official legal sources and further reading
- India Code - Official central legislation database
- Bureau of Police Research and Development - Bharatiya Nagarik Suraksha Sanhita, 2023 (PDF)
- India Code - Code of Criminal Procedure, 1973 (PDF)
- National Crime Records Bureau - BNSS section index
Updated: 17 October 2026. This article is for general legal information. The governing statute, procedural stage, relevant notifications and facts should be verified before filing an application.