Maintenance of Wife, Children and Parents Under the BNSS (Section 144): the New CrPC 125 (2026)
What Section 144 of the BNSS covers, the old Section 125 of the CrPC it replaced, who can claim maintenance, and how the order is made and enforced. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A wife who cannot support herself, a child with no income, or an elderly parent left on their own needs money to live, and a civil suit for it is slow. Indian criminal procedure gives a quicker answer: a Magistrate can order a person who has enough means to pay a monthly allowance to a dependant they are neglecting. From 1 July 2024 this remedy sits in Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the Code of Criminal Procedure, 1973 (CrPC). This explainer sets out what the section is, what changed, who can claim, and how the order works. Last verified October 2026.
- What it is: the order for maintenance of wife, children and parents, a quick summary remedy before a Magistrate.
- New code number: Section 144 of the BNSS, in force 1 July 2024.
- Old law it replaced: Section 125 of the CrPC (with companion Sections 126 to 128 now Sections 145 to 147).
- Not an offence: there is no punishment; the order directs payment of a monthly allowance and can be enforced if unpaid.
- Research and tracking: Claw lets you search 30 crore+ judgments and track these cases across 9,102 courts, benches and forums.
01The problem for a dependant
Maintenance is not charity. It is a legal duty. A person with enough means cannot leave a wife, child or parent without support and then hide behind the slow pace of a civil court.
These are the situations that usually bring a maintenance claim:
- A wife is deserted, or forced to leave the home, and has no income of her own.
- A child, including a child born outside marriage, is not being supported by a parent who can afford to.
- An adult child with a physical or mental disability cannot earn and has no one to maintain them.
- Elderly parents are left to fend for themselves by children who have the means to help.
The maintenance remedy is designed to be fast and simple, so that a dependant is not left hungry while a long case runs. It is a summary order, not a full trial on property or marriage.
02What Section 144 of the BNSS is
Section 144 of the BNSS is the order for maintenance of wives, children and parents. It is the direct successor to Section 125 of the CrPC, and it came into force on 1 July 2024. The text is substantially the same as the old section.
In plain terms, a first class Magistrate may order a person who has sufficient means, but who neglects or refuses to maintain a dependant who cannot maintain themselves, to pay a monthly allowance. The Magistrate fixes the amount, and may also order interim maintenance while the case is pending.
Section 144 of the BNSS is a quick, summary remedy. It secures a monthly allowance for a dependant who cannot maintain themselves, without waiting for a full civil trial.
This is procedure, not a penal offence. There is no punishment and no jail term attached to Section 144 itself. The order is a civil-style direction to pay, backed by an enforcement power if the person defaults.
03Old to new: CrPC 125 to BNSS 144
The mapping is clean. Section 125 of the CrPC is now Section 144 of the BNSS, and the companion provisions have moved with it.
| Topic | Old CrPC section | New BNSS section |
|---|---|---|
| Order for maintenance | Section 125 | Section 144 |
| Procedure and jurisdiction | Section 126 | Section 145 |
| Alteration of allowance | Section 127 | Section 146 |
| Enforcement of order | Section 128 | Section 147 |
On substance, the remedy is carried over with little change. Interim maintenance and the power to award the cost of the proceeding, which the courts had already read into the old scheme, are recognised. Commentators have debated whether the drafting of Section 144(1)(b) changes the position of children by its use of words, so the exact scope of maintenance for children of different ages is best checked against the current text before you rely on it.
04Who can claim
The section lists the people who can ask for maintenance. In plain terms, they are:
- A wife who is unable to maintain herself. This includes a divorced wife who has not remarried.
- A legitimate or illegitimate child, whether married or not, who is unable to maintain itself.
- An adult child (other than a married daughter) who, because of a physical or mental abnormality or injury, cannot maintain itself.
- A father or mother who is unable to maintain themselves.
The claim is open to all communities
The maintenance remedy is a secular one. It can be claimed regardless of the religion of the parties. Personal law remedies for maintenance exist as well, and a person may have a choice of forum, so take advice on which route fits your facts.
A wife cannot claim if she is living in adultery, if she refuses to live with her husband without sufficient reason, or if the couple is living apart by mutual consent. These limits are set out in the section itself.
05How the order is made and enforced
The process is meant to be short.
Where to file
The application goes to a Magistrate of the first class. The procedure and the question of which place has jurisdiction are dealt with in Section 145 of the BNSS (the old Section 126). A claim can usually be filed where the person to be maintained lives.
Interim and final maintenance
The Magistrate can order interim maintenance during the case, so the dependant is not left without support while the matter is heard. At the end, the Magistrate fixes a monthly allowance. There is no fixed ceiling on the amount, and the court sets it by looking at the standard of living, the needs of the dependant, and the means of the person who must pay.
If the person does not pay
Section 147 of the BNSS (the old Section 128) lets the Magistrate enforce the order. If the person fails to pay without sufficient cause, the Magistrate can issue a warrant to recover the amount, and can order imprisonment for a period for each month the allowance stays unpaid. This is an enforcement power, not a punishment for an offence.
Changing the order later
If the income of either side changes, Section 146 of the BNSS (the old Section 127) lets the Magistrate alter the allowance. An order can also be varied or cancelled on proof of a change in circumstances, such as a wife remarrying.
06Practical points before you file
- Prove the means and the neglect. You must show that the person has sufficient means and has neglected or refused to maintain you. Collect salary slips, bank records, and any proof of the person’s lifestyle.
- Ask for interim maintenance early. Do not wait for the final order. Interim support keeps the dependant going and is often the most useful part of the case.
- Check which law applies to your case. Cases filed and pending before 1 July 2024 generally continue under the CrPC, and fresh claims are filed under the BNSS. Confirm this for your facts.
- Keep every order and date. A maintenance matter can run for years through interim orders, alteration applications, and enforcement steps. Missing a date can cost you money or delay recovery.
For related procedure, see our explainer on prohibitory orders under Section 163 of the BNSS and the glossary of Indian litigation terms.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A maintenance claim under Section 144 is seldom over in one hearing. It runs through an interim order, replies, alteration applications and enforcement, sometimes for years, and each step produces a date to watch. Claw keeps that whole life of the matter in one place, tracking the orders and hearings under the section, or by party or advocate name, across 9,102 courts, benches and forums. When you need to know how a Magistrate or a High Court has fixed an amount or read the new Section 144 against the old Section 125, a search of more than 30 crore judgments answers in under 5 seconds.
Claw does not file your maintenance application and is not a substitute for legal advice; it researches the law and keeps track of the matter once it is before the court. It also does not use customer documents to train its AI models. Open a free Claw account to research and follow a maintenance matter by party or advocate name.
08Sources and further reading
- India Code (official text of the BNSS): indiacode.nic.in
- Ministry of Home Affairs: mha.gov.in
- Text of Section 144 BNSS: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you file.
09Frequently asked questions
Which section is maintenance under the new criminal laws?
Maintenance of a wife, children and parents is now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It replaced Section 125 of the CrPC with effect from 1 July 2024. The remedy is substantially the same.
What is the old CrPC equivalent of Section 144 BNSS?
Section 144 of the BNSS corresponds to Section 125 of the CrPC. The companion provisions have also moved: procedure is Section 145 (old 126), alteration is Section 146 (old 127), and enforcement is Section 147 (old 128).
Who can claim maintenance under Section 144 BNSS?
A wife who cannot maintain herself (including a divorced wife who has not remarried), a legitimate or illegitimate child unable to maintain itself, an adult child who cannot maintain itself due to a physical or mental abnormality or injury, and a father or mother who cannot maintain themselves.
Is there a punishment under Section 144 BNSS?
No. Section 144 is procedure, not a penal offence. It results in an order to pay a monthly allowance. If the person fails to pay without sufficient cause, the Magistrate can enforce the order, including by a warrant and imprisonment for the default, but that is enforcement, not a criminal sentence.
Can I get interim maintenance while the case is pending?
Yes. The Magistrate can order interim maintenance during the proceeding, so the dependant is supported while the case is heard. Ask for it early, as it is often the most useful part of a maintenance claim.
Can I track a maintenance case in Claw?
Yes. Claw tracks the orders and hearings in a Section 144 maintenance matter, by party or advocate name, across 9,102 courts, benches and forums, and lets you search more than 30 crore judgments in under 5 seconds for how courts have fixed amounts and read the section. A free Claw account lets you research and follow such a matter; it does not give legal advice.