Section 147 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 147 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the enforcement of maintenance orders, ensuring that individuals entitled to maintenance receive their due support.
📜 Section 147: Enforcement of Order of Maintenance
Provision:
A copy of the maintenance order or interim maintenance and expenses of proceedings shall be provided free of charge to the person in whose favor it is made, their guardian (if any), or the person to whom the allowance is to be paid. Such an order may be enforced by any Judicial Magistrate in any location where the person against whom it is made may be, provided the Magistrate is satisfied as to the identity of the parties and the non-payment of the allowance or expenses due. (aaptaxlaw.com)
⚖️ Legal Context
Objective: This provision ensures that maintenance orders are not merely symbolic but are actionable, providing a legal avenue for enforcement across jurisdictions.
Comparison with Cr.P.C.: Section 147 of the BNSS corresponds to Section 128 of the Indian Penal Code (IPC), which similarly allows for the enforcement of maintenance orders.
🧾 Practical Implications
Cross-Jurisdiction Enforcement: The ability to enforce maintenance orders in any jurisdiction where the liable party resides or is found ensures that individuals entitled to maintenance are not left without recourse due to the location of the person liable to pay.
Protection for Vulnerable Individuals: This provision is particularly beneficial for women, children, and parents who may be dependent on maintenance payments for their sustenance.
Legal Recourse: Individuals entitled to maintenance can approach any Judicial Magistrate with the maintenance order, facilitating easier access to enforcement mechanisms.
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