{"id":2906,"date":"2026-08-23T16:18:55","date_gmt":"2026-08-23T16:18:55","guid":{"rendered":"https:\/\/lawbot.in\/blogs\/?p=2906"},"modified":"2026-08-23T16:19:21","modified_gmt":"2026-08-23T16:19:21","slug":"maintenance-section-125-crpc","status":"publish","type":"post","link":"https:\/\/lawbot.in\/blogs\/maintenance-section-125-crpc\/","title":{"rendered":"Maintenance Under Section 125 CrPC (Now Section 144 BNSS): Complete Guide"},"content":{"rendered":"\n

If a spouse, child, or parent is left without financial support by someone who has the means to provide it, Indian law has a specific, fast-track remedy: what most people still call “maintenance under Section 125 CrPC.”<\/strong> This provision has technically been renumbered \u2014 but its protective purpose remains exactly the same. This guide explains who can claim maintenance, how much they can expect, and how the process actually works today.<\/p>\n\n\n\n

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Dealing with a maintenance issue?<\/strong> Ask LawBot \u2192<\/a> \u2014 get instant, India-specific guidance in any language.<\/p>\n<\/blockquote>\n\n\n\n

Important First: The Law Has Been Renumbered<\/h3>\n\n\n\n

As of 1 July 2024<\/strong>, the old Code of Criminal Procedure, 1973 (CrPC)<\/strong> has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)<\/strong> for all new criminal matters. What used to be Section 125 CrPC<\/strong> is now Section 144 BNSS<\/strong>. The substance of the law is nearly identical \u2014 courts have confirmed that five decades of Supreme Court case law built under Section 125 CrPC continues to apply to Section 144 BNSS \u2014 but if you’re filing a new case today, it will be filed under Section 144 BNSS<\/strong>, not Section 125 CrPC.<\/p>\n\n\n\n

Since most people still search and refer to this provision by its old name, this guide uses both terms interchangeably where relevant.<\/p>\n\n\n\n

What Is Section 125 CrPC \/ Section 144 BNSS?<\/h3>\n\n\n\n

This provision is a social welfare measure<\/strong>, not a punitive criminal law. Its purpose is to prevent vagrancy and destitution by ensuring that a person with sufficient means cannot simply neglect or refuse to support their dependents. Unlike a full civil suit, this is a summary proceeding<\/strong> \u2014 designed to give relatively quick relief rather than dragging on for years like ordinary civil litigation.<\/p>\n\n\n\n

Who Can Claim Maintenance?<\/h3>\n\n\n\n

Under Section 144(1) BNSS (previously Section 125(1) CrPC), four categories<\/strong> of people can claim maintenance:<\/p>\n\n\n\n

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  1. A wife<\/strong> unable to maintain herself<\/li>\n\n\n\n
  2. Legitimate or illegitimate minor children<\/strong> unable to maintain themselves<\/li>\n\n\n\n
  3. Legitimate or illegitimate major children<\/strong> who are physically or mentally abnormal and unable to maintain themselves<\/li>\n\n\n\n
  4. Parents<\/strong> (father or mother) unable to maintain themselves<\/li>\n<\/ol>\n\n\n\n

    Importantly, the provision covering parents is gender-neutral on both sides<\/strong> \u2014 a father or mother can claim against either<\/strong> a son or a daughter who has sufficient means and neglects them; the obligation isn’t limited to sons.<\/p>\n\n\n\n

    Can a Husband Claim Maintenance From His Wife?<\/h3>\n\n\n\n

    This is a common point of confusion. No<\/strong> \u2014 Section 125 CrPC \/ Section 144 BNSS is a gender-specific protective provision; it does not allow a husband to claim maintenance from his wife, even in 2026’s more common dual-income households. However, a husband who is genuinely unable to earn (due to physical or mental disability) and whose wife has sufficient means does<\/strong> have a separate civil remedy:<\/p>\n\n\n\n