Section 145 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 145 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedural framework for maintenance proceedings, particularly concerning the maintenance of wives, children, and parents. It specifies the jurisdiction, evidence handling, and conditions under which proceedings may be conducted ex parte.
🔹 Key Provisions of Section 145
1. Jurisdiction for Maintenance Proceedings
Proceedings under Section 144 (Order for maintenance of wives, children, and parents) may be initiated in any district:
Where the person against whom the order is proposed resides.
Where the person or their spouse resides.
Where the person last resided with their spouse or, in the case of an illegitimate child, with the mother.
Where the person's father or mother resides.
2. Evidence Handling
All evidence in maintenance proceedings must be taken in the presence of the person against whom the order is proposed.
If personal attendance is dispensed with, evidence should be recorded in the presence of the person's advocate.
The evidence should be recorded in the manner prescribed for summons-cases.
3. Ex Parte Proceedings
If the Magistrate is satisfied that the person against whom the order is proposed is willfully avoiding service or neglecting to attend court, the Magistrate may proceed to hear and determine the case ex parte.
Any ex parte order 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.
4. Power to Award Costs
The Court has the discretion to make such orders as to costs as may be just in dealing with applications under Section 144.
🔁 Comparison with the Indian Penal Code (IPC)
Section 145 of the BNSS corresponds to Section 126 of the Indian Penal Code (IPC), 1860, which deals with the procedure for maintenance proceedings. Both provisions aim to provide a legal framework for the maintenance of dependents, ensuring that individuals who are legally entitled to maintenance can seek and receive it through the judicial system.
⚖️ Purpose and Application
The primary objective of Section 145 is to establish a clear and fair procedure for maintenance proceedings, ensuring that all parties have an opportunity to present their case and that decisions are made based on a thorough examination of the evidence. By providing mechanisms for ex parte proceedings and the awarding of costs, the law seeks to balance the rights of the dependent with the obligations of the person from whom maintenance is sought.
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