BNSS §145
Proceedings under section 144 may be taken against any person in any.
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Comparison
126. Procedure.—(1) Proceedings under section 125 may be taken against any person in any district— (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.
145.
(1) Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.
What changedAI-inferred
Procedure for maintenance order.
Old position
CrPC 126 is concerned with Procedure. Procedure
New position
BNSS 145 preserves the framework with drafting modernisations as required by the new code. Topic: Proceedings under section 144 may be taken against any person in any.. Proceedings under section 144 may be taken against any person in any district
BNSS 145 (Proceedings under section 144 may be taken against any person in any.) preserves the framework of CrPC 126. BNSS 145 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 145 text: ...
Editorial deltaAI-indicated (source-linked)
BNSS 145 (Proceedings under section 144 may be taken against any person in any.) preserves the framework of CrPC 126. BNSS 145 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BNSS 145 text: Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides.(2) All evidence in such...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 126 continues to apply. For matters from that date forward, BNSS 145 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 145 (Proceedings under section 144 may be taken against any person in any.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §126 → BNSS §145 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/145.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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