By S&S Co. Advocates & Solicitors · Published 20 September 2026 · Informational content, not legal advice — see our disclaimer
Section 144 BNSS Replaces the Familiar Section 125 CrPC
Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has replaced Section 125 of the Code of Criminal Procedure for maintenance proceedings filed on or after 1 July 2024, when the new criminal procedure code took effect. Courts continue to apply the same substantive judicial principles developed under the old Section 125, so the large body of case law built up over decades remains directly relevant to how Section 144 applications are decided, even though the section number has changed.
Who Can Claim Maintenance
Eligible claimants include: a wife unable to maintain herself, including a divorced wife who has not remarried; legitimate or illegitimate minor children unable to maintain themselves; legitimate or illegitimate major children who are physically or mentally abnormal and unable to maintain themselves; and parents unable to maintain themselves. The provision is a social welfare measure aimed at preventing vagrancy and destitution, and it operates independently of, and in addition to, any maintenance relief available under personal law or the Hindu Marriage Act and Hindu Adoption and Maintenance Act.
Where to File and Who Decides
A Judicial Magistrate of the First Class has jurisdiction to order a person of sufficient means to pay maintenance to a dependant covered under the section. The applicant sets out their inability to maintain themselves and the respondent's means and refusal or neglect to provide maintenance, and the Magistrate assesses the respondent's income and standard of living in fixing the amount.
What Happens After an Order Is Passed
A maintenance order under Section 144 remains enforceable, and non-payment can be pursued through the Magistrate's court much like any other order under the section — the provision retains its character as part of the criminal procedure code precisely to give it that stronger enforcement mechanism compared to a purely civil maintenance claim. Claimants should also be aware that this remedy operates alongside, not instead of, any maintenance rights they may separately have under applicable personal law, and pursuing one does not automatically waive the other.
Frequently Asked Questions
Is Section 144 BNSS the same as the old Section 125 CrPC?
In substance, yes. Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 125 of the Code of Criminal Procedure for maintenance proceedings filed on or after 1 July 2024. Judicial principles developed under the old Section 125 continue to inform how Section 144 applications are decided.
Who can claim maintenance under Section 144 BNSS?
A wife unable to maintain herself (including a divorced wife who has not remarried), minor children, major children who are physically or mentally abnormal and unable to maintain themselves, and parents unable to maintain themselves.
Which court hears a Section 144 BNSS maintenance application?
A Judicial Magistrate of the First Class has jurisdiction to order maintenance under Section 144 BNSS.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144, in force from 1 July 2024.
- Hindu Marriage Act, 1955 and Hindu Adoption and Maintenance Act, 1956, for maintenance rights under personal law operating alongside Section 144 BNSS.