BNSS Section 144 Explained: A Complete Guide to Maintenance for Wives, Children, and Parents

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS) is one of the three new criminal laws that came into effect in India to replace the old Criminal Procedure Code (CrPC). It aims to modernize and simplify the criminal justice system. One of its important provisions, **Section 144 of the BNSS**, deals with the right to maintenance.

This section gives a clear legal process for a wife, child, or parent to claim financial support from a person who has the means but neglects or refuses to take care of them. It ensures that no dependent is left without basic needs such as food, clothing, and shelter.

This guide is written for anyone — especially wives, children, or parents — who wishes to understand their rights under the BNSS and the procedure for claiming maintenance.

By the end of this article, you will know who can claim maintenance, how to file a case, the key changes from the old law, and what happens if someone fails to follow a maintenance order.

BNSS Section 144 vs CrPC Section 125: What’s New?

Section 144 of the BNSS has replaced the old and well-known Section 125 of the Criminal Procedure Code (CrPC). Both sections serve the same purpose: to prevent destitution and ensure financial support for dependents who are neglected by their family members.

However, the BNSS has introduced some new features and clarifications to make the process more efficient and time-bound.

One major change is the introduction of a clear timeline for granting interim maintenance. The BNSS now directs that an application for interim maintenance must be decided within 60 days from the date the notice is served on the opposite party.

This is a major improvement because earlier, under the CrPC, interim maintenance orders often took months or even years to finalize.

Another important point is that the basic principle remains unchanged — if a person who has sufficient means neglects to maintain his wife, child, or parents, the law will compel him to do so. Thus, Section 144 continues to protect the most vulnerable members of the family.

Who is Entitled to Claim Maintenance Under BNSS Section 144?

The BNSS clearly defines who can claim maintenance. The right is available to three main groups: wives, children, and parents

1. Neglected Wives

A wife can claim maintenance from her husband if she is unable to maintain herself. This means she does not have enough income or property to meet her basic living expenses.

The term “wife” under Section 144 also includes a divorced woman who has not remarried after divorce. This ensures that even after separation, a woman who is left without financial support can seek help through the court.

However, the law also ensures fairness. If a wife is living separately without a valid reason, or is in an adulterous relationship, she may lose the right to claim maintenance.

2. Legitimate and Illegitimate Children

Both legitimate and illegitimate children are covered under Section 144. A child, whether born within or outside marriage, can claim maintenance if he or she cannot maintain themselves.

This includes:

• Minor children, whether married or unmarried.
• Adult children who are suffering from physical or mental disabilities that prevent them from earning a livelihood.

The inclusion of illegitimate children and children with disabilities shows that the law aims to provide equal protection and compassion to all dependents.

3. Parents Unable to Maintain Themselves

Section 144 also gives both father and mother the right to claim maintenance from their children.

If parents are old, sick, or financially dependent, and their children have sufficient means but neglect to care for them, the parents can file a petition under this section.

This provision reflects the moral and social duty of children to take care of their parents and ensures that no elderly person is left destitute.

Also read: BNSS Section 140

The Legal Process: Filing and Securing a Maintenance Order

Understanding the procedure is important for anyone who wishes to claim maintenance. Here is how the process generally works under Section 144 of the BNSS.

Step 1: Approaching the Magistrate

The first step is to file an application before a Judicial Magistrate of the First Class. The application should explain how the person responsible has neglected or refused to provide maintenance and include details about the relationship, income, and expenses.

Step 2: Proving Neglect

Once the application is filed, the court will examine whether the person against whom the complaint is made has sufficient means to provide maintenance but is neglecting or refusing to do so.

Evidence can include:

• Bank statements, salary slips, or property records showing the income of the person.
• Statements from witnesses or neighbors.
• Proof of expenses and hardship faced by the claimant.

The Magistrate will consider all these factors before passing an order.

Step 3: Interim Maintenance Under BNSS Section 144

During the court proceedings, the claimant may face financial hardship. To address this, the law allows the Magistrate to grant interim maintenance, which is a temporary financial aid until the final order is made.

A key improvement in the BNSS is that this interim order must be decided within 60 days from the date the respondent (the person from whom maintenance is claimed) receives the notice.

This provision ensures faster relief and prevents unnecessary delays.

Enforcement: What Happens When an Order is Ignored?

If a person fails to comply with a maintenance order, the law provides a strong enforcement mechanism.

When the ordered amount is not paid, the court can:

1. Issue a warrant for recovery of the amount.
2. Treat the unpaid maintenance as a fine and recover it accordingly.
3. Order imprisonment for up to one month for each month of non-payment.

However, this imprisonment does not erase the debt. The person still has to pay the pending amount.

It is also important to note that under the BNSS, the right to enforce a maintenance order is limited to one year from the date when the amount became due. This means the claimant should act promptly and not delay in seeking enforcement.

When Can a Maintenance Claim Be Denied or Cancelled?

The law also sets certain conditions under which a wife’s claim can be refused or an existing order can be cancelled.

Grounds for Denying a Wife’s Claim

A wife is not entitled to receive maintenance if:

1. She is living in adultery.
2. She refuses to live with her husband without a just and valid reason.
3. They are living separately by mutual consent.

Understanding “Just Ground” for Refusal to Live with the Husband

The BNSS provides clarity on what can be considered a just ground for a wife’s refusal to live with her husband.

If the husband has married another woman or keeps a mistress, the wife has a valid reason to live separately and still claim maintenance. This ensures fairness and protection against cruelty or infidelity.

Grounds for Cancelling an Existing Maintenance Order

A Magistrate can cancel a maintenance order if it is later proven that:

• The wife is living in adultery.
• The wife is living separately without reasonable cause.
• The wife and husband have agreed to live apart by mutual consent.

In such cases, the court can withdraw the order after hearing both parties.

Frequently Asked Questions (FAQ)

1. What is the maximum amount of maintenance that can be ordered? There is no fixed upper limit in Section 144. The amount depends on the income of the person responsible and the needs of the claimant. The Magistrate decides a reasonable sum based on both parties’ living standards.

2. Can an illegitimate child claim maintenance under BNSS Section 144? Yes. Both legitimate and illegitimate children are entitled to maintenance if they cannot maintain themselves.

3. How long does a daughter get maintenance? A daughter is entitled to maintenance until she reaches adulthood or can maintain herself. If she suffers from a physical or mental disability, she may receive maintenance even after becoming an adult.

4. Do I need a lawyer to file a case under Section 144 BNSS? It is not mandatory to have a lawyer, but legal assistance is helpful to ensure the petition is properly drafted and supported by evidence. Many legal aid services also assist those who cannot afford private lawyers.

Conclusion

Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) continues the spirit of justice found in the old CrPC by ensuring that dependents — wives, children, and parents — are not left helpless due to neglect.

The law provides a clear process for claiming maintenance, ensures quicker relief through the 60-day interim order rule, and enforces strict penalties for those who ignore court orders.

At its heart, this section is a tool for social justice, designed to prevent poverty and promote family responsibility.

If you or someone you know needs to claim maintenance under BNSS Section 144, it is wise to consult a qualified legal professional. They can help you understand your rights and guide you through the legal steps to secure the support you deserve.