CrPC Section 488
Section 488 of the Code of Criminal Procedure (CrPC), 1973 — as it existed before the 1973 version was replaced.
⚖️ Section 488 CrPC (Old Code) — Order for maintenance of wives and children
(Note: This section was part of the old CrPC, 1898. It has now been replaced by Section 125 CrPC in the 1973 Code.)
Old Section 488 (CrPC, 1898) Summary:
Allowed a Magistrate of the First Class to order monthly maintenance for:
A wife, unable to maintain herself,
A legitimate or illegitimate child (minor or major if disabled),
On proof that the person (usually the husband or father) had neglected or refused to maintain them.
The order could be enforced like a fine, and failure to comply could result in imprisonment.
🆕 Current Equivalent: Section 125 CrPC, 1973
After the CrPC, 1973, Section 488 was replaced by Section 125, which serves the same purpose but with updated legal framework.
✅ Section 125 CrPC — Order for maintenance of wives, children, and parents:
Who can claim maintenance:
Wife (legally wedded and unable to maintain herself),
Children (legitimate or illegitimate, minor or major if physically/mentally disabled),
Father or mother (unable to maintain themselves).
Against whom:
Any person having sufficient means but neglecting or refusing to maintain those dependents.
Relief:
Magistrate can order a monthly allowance for maintenance.
Can also order interim maintenance during the case.
Enforcement:
Treated like a fine.
Imprisonment up to 1 month for each month of default.
📌 Key Purpose:
To provide quick, simple, and inexpensive relief to dependent family members who are neglected.
✅ Summary:
| Old Section | Replaced By | Applies To | Type of Relief |
|---|---|---|---|
| 488 CrPC | 125 CrPC | Wife, child, parents | Monthly maintenance |
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