In India, Section 125 CrPC (Code of Criminal Procedure, 1973) plays a vital role in safeguarding the rights of women, children, and elderly parents. It offers a legal remedy for maintenance for those who are unable to support themselves, ensuring that individuals with adequate financial means take responsibility for their dependents. This provision is one of the most invoked in Indian courts and is recognized for its secular character, transcending religious boundaries.
In 2023, with the enactment of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Section 125 CrPC was replaced by BNSS Section 106, marking a critical reform in India’s criminal procedure framework. With the CrPC to BNSS Converter Tool offered by Vera Causa Legal, legal professionals and citizens can easily understand these transitions in the law.
Whether you’re a wife seeking financial support, a parent claiming assistance from children, or a lawyer in Delhi NCR, understanding this provision is essential. This blog will provide an in-depth analysis of Section 125 CrPC, its BNSS updates, landmark judgments, enforcement procedures, and legal remedies, along with local legal help from Vera Causa Legal, the best law firm in Noida.
What is Section 125 CrPC?
Section 125 CrPC is a remedial provision of the Code of Criminal Procedure, 1973, crafted to prevent vagrancy and destitution by ensuring that individuals who have sufficient means support their dependent relatives. This provision empowers a Magistrate of the First Class to direct a person to provide monthly maintenance to:
- His wife, if she is unable to maintain herself,
- His legitimate or illegitimate minor children,
- His adult children who are unable to support themselves due to physical or mental challenges,
- His father or mother, who cannot support themselves.
The key feature of Section 125 CrPC is that it is secular in nature—applicable to individuals irrespective of their religion or personal laws. Whether Hindu, Muslim, Christian, or of any other faith, this provision offers a uniform remedy to ensure basic support and dignity.
The primary objective of this provision is to provide quick, effective, and affordable relief to those left without support, rather than a prolonged civil battle. It is part of Chapter IX of the CrPC, covering Sections 125 to 128.
In today’s evolving legal landscape, Section 125 CrPC has become a lifeline for women and elderly parents, helping them enforce their right to financial security through the criminal court system, without delving into complicated civil litigation.
This is also one of the most invoked legal provisions in Indian family disputes, especially in Delhi, Noida, Gurugram, and across India, as it provides a summary remedy.
BNSS 106 – The New Avatar of CrPC 125
With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, India took a landmark step in overhauling its colonial-era criminal justice laws. Among the significant changes was the replacement of Section 125 CrPC with Section 106 BNSS. Though the essence remains the same, the new provision brings greater clarity and structural improvements.
Why CrPC 125 Was Changed to BNSS 106
The Indian legal system, long governed by the Code of Criminal Procedure, 1973, was overdue for modernization. The government, aiming to make laws more citizen-centric, introduced the BNSS 2023, repealing the CrPC.
- Section 106 BNSS retains the core purpose of maintenance to wives, children, and parents.
- It simplifies legal language and improves procedural clarity.
- The revision makes the provision more accessible and understandable to laypersons and marginalized groups.
For many, this change has raised practical questions—How different is BNSS 106 from Section 125 CrPC? What steps should a litigant or lawyer take now?
This is where Vera Causa Legal’s CrPC to BNSS Converter Tool becomes essential.
Use Vera Causa Legal’s CrPC to BNSS Converter Tool
Understanding the transition from CrPC to BNSS can be challenging, especially for common citizens and new practitioners. To help bridge the knowledge gap, Vera Causa Legal, the best law firm in Noida, has launched a free CrPC to BNSS Converter Tool.
This tool enables you to:
- Instantly map Section 125 CrPC to BNSS Section 106.
- Understand changes in wording, structure, or interpretation.
- Access comparative summaries to track legal updates.
Whether you’re a law student in Delhi, an advocate in Noida, or someone filing for maintenance of wife under CrPC, this tool will simplify your understanding and strengthen your legal argument.
Who Can Claim Maintenance Under Section 125 CrPC?
Section 125 CrPC lays out clearly defined categories of individuals who are entitled to seek maintenance. This ensures that vulnerable members of a family do not suffer due to neglect or abandonment by those responsible for their well-being.
Wife
A wife—even if separated, or divorced (but not remarried)—is eligible to claim maintenance under Section 125 CrPC if she is unable to maintain herself. The law does not discriminate based on religion, which is a remarkable aspect of this provision.
However, the wife must satisfy certain conditions:
- She must not be living in adultery.
- She must not have refused to live with her husband without sufficient reason.
- She must not have remarried after divorce if claiming maintenance.
This provision has been upheld in numerous landmark cases where courts have ruled in favor of destitute and wronged wives to uphold the spirit of economic justice.
Children
Children, whether legitimate or illegitimate, have a right to be maintained by their father or mother. The law supports:
- Minor children, whether married or unmarried.
- Adult children who are unable to support themselves due to mental or physical disability.
Courts have ruled that both parents are obligated to contribute to a child’s maintenance. The amount of maintenance is decided based on the needs of the child and the means of the parent.
Parents
The provision recognizes that aged and dependent parents deserve respect and financial support. If a father or mother is unable to maintain themselves, they are legally entitled to claim monthly maintenance from their children.
The intent of Section 125 CrPC is not only economic—it also enforces a sense of moral and familial duty. Courts across the country have held that sons and daughters, including married daughters, have an obligation to support their dependent parents, provided they are financially capable.
Legal Procedure & Application Format for Section 125 CrPC
Filing a maintenance case under Section 125 CrPC is a relatively swift and accessible legal remedy. The process is designed to ensure that justice is not delayed for those who are financially vulnerable.
How to File an Application Under Section 125 CrPC
To initiate a case, the aggrieved party (wife, child, or parent) must file a petition for maintenance before a Magistrate of the First Class in the district where:
- The applicant resides, or
- The respondent resides or works.
The application must include:
- Full details of the applicant and the respondent,
- Relationship between them,
- Reason for claiming maintenance,
- Evidence of the respondent’s financial capacity,
- Details of neglect or refusal to maintain.
Once filed, the court issues notice to the respondent and fixes a date for hearing.
Interim Maintenance and Expenses
The court may, during the pendency of the case, order the respondent to pay interim maintenance and litigation expenses. This provision ensures that the applicant does not suffer financially while the proceedings are ongoing.
Interim relief can be claimed by filing a separate application along with the main petition. The court considers the prima facie financial status of both parties to determine a reasonable monthly amount.
Duration and Mode of Payment
The Magistrate, after hearing both parties and evaluating evidence, may order a monthly maintenance amount to be paid regularly. The amount can be:
- Paid in lump sum or monthly installments,
- Increased or decreased based on change in financial conditions,
- Modified upon proof of remarriage, employment, or improved financial condition of the applicant.
It is important to note that no maximum or minimum limit is prescribed under the law. The decision rests solely on the discretion of the court based on evidence presented.
Appeal and Revision
Although Section 125 CrPC does not provide for a direct appeal against the Magistrate’s order, parties can file a revision petition under Section 397 CrPC before a Sessions Court or High Court.
This is useful when:
- The applicant is dissatisfied with the maintenance amount,
- The respondent wants to challenge the order of payment,
- There is a jurisdictional or legal error in the order.
This right of revision provides a necessary layer of judicial review without complicating the speedy nature of maintenance proceedings.
Enforcement of Maintenance Orders Under Section 125(3) CrPC
Once a maintenance order is passed under Section 125 CrPC, its enforcement becomes crucial to ensure that the aggrieved party actually receives the financial support. The law provides effective remedies to deal with non-compliance and defaults.
Section 125(3) – Legal Recourse Against Non-Payment
According to Section 125(3) CrPC, if the person ordered to pay maintenance fails to comply without sufficient cause, the Magistrate can:
- Issue a warrant for recovery of the due amount,
- Authorize imprisonment for up to one month or until payment is made (whichever is earlier) for each month of default.
The applicant must file an execution petition detailing:
- The exact arrears pending,
- The time period of default,
- Proof of the respondent’s non-compliance.
It’s important to note that imprisonment is not automatic—the court must be satisfied that there is a willful refusal to pay.
Distress Warrant and Recovery Process
When a person defaults despite having the means to pay, the court may issue a distress warrant, allowing:
- Attachment and sale of movable property,
- Deduction from salary (if employed),
- Seizure of assets in case of chronic defaulters.
These actions are meant not as punishment, but as a means to compel compliance and prevent the applicant from suffering due to prolonged delays.
Limitations and Exceptions
There are, however, a few important legal limitations:
- A warrant for recovery must be issued within one year from the date on which the maintenance became due.
- Willful default must be proved in court through an affidavit or oral evidence.
Additionally, Section 125(4) CrPC provides that a wife is not entitled to maintenance if:
- She is living in adultery,
- She refuses to live with her husband without reasonable cause,
- They are living separately by mutual consent.
These safeguards prevent misuse and ensure that the provision is used by genuinely deserving individuals.
Landmark Judgments on Section 125 CrPC
The Indian judiciary has significantly shaped the interpretation and implementation of Section 125 CrPC through its landmark judgments. These rulings have reinforced the provision’s objective of ensuring social justice and economic support for the vulnerable.
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
This historic case confirmed that Section 125 CrPC applies irrespective of religion. The Supreme Court ruled in favor of Shah Bano, a divorced Muslim woman, granting her maintenance. It affirmed that a divorced wife is entitled to maintenance if she is unable to maintain herself, setting a precedent for secular protection under CrPC.
Shamima Farooqui v. Shahid Khan (2015)
In this judgment, the Supreme Court emphasized that just because a woman is educated or was once employed, she cannot be denied maintenance if she is currently unable to sustain herself. The ruling highlighted the importance of considering dignity, standard of living, and sustenance in maintenance cases.
Rajnesh v. Neha (2020)
This ruling by the Supreme Court laid down guidelines for determining interim and final maintenance, including a list of mandatory financial disclosures from both parties. It aimed to bring uniformity and consistency in maintenance cases across India and reduce the possibility of misuse or delay.
K. Sivaram v. K. Mangalambika (2007)
In this case, the court ruled that parents have equal rights to claim maintenance from children under Section 125 CrPC, regardless of gender. The decision reinforced the reciprocal duty of adult children toward their dependent parents.
Poongodi v. Thangavel (2013)
The Madras High Court clarified that a wife living separately with sufficient cause—such as cruelty or abandonment—is fully eligible for maintenance. The judgment protects women from being denied support simply because they do not live under the same roof as the husband.
Regional Access: Legal Help Near You for Section 125 CrPC Cases
Navigating a legal battle for maintenance can be overwhelming, especially without proper legal representation. Whether you’re a wife seeking financial support, parents abandoned by children, or a minor dependent, you need timely and expert legal guidance to make Section 125 CrPC work in your favor.
Legal Assistance in Delhi-NCR
Delhi and NCR courts receive a significant number of maintenance petitions under Section 125 CrPC every month. Having a local advocate who understands court procedures and local legal trends can make a huge difference in the outcome.
At Vera Causa Legal, we provide specialized assistance for:
- Filing and defending maintenance petitions,
- Interim relief and emergency orders,
- Appeals and revisions in Sessions and High Courts.
With our main offices in Delhi and Noida, we ensure seamless support for litigants throughout Gurugram, Ghaziabad, Greater Noida, and Faridabad.
Representation Across District and Family Courts
Whether you’re located in Deoghar, Patna, Lucknow, or Pune, our team of networked legal experts ensures that your petition under Section 125 CrPC is filed correctly, backed with strong evidence, and followed through until enforcement.
You can also book online consultation with our experienced family law team and get step-by-step guidance on:
- Preparing your application,
- Court fee and documentation,
- Appearing in front of the Magistrate.
Why Choose Vera Causa Legal?
- Experienced advocates in CrPC and BNSS-related matters,
- Expertise in handling sensitive maintenance disputes,
- Online and in-person consultations available,
- Known as the best law firm in Noida for family and criminal litigation.
Your rights matter—whether you’re seeking maintenance or defending a false claim, our team is committed to fair, fast, and effective legal remedies under Section 125 CrPC and BNSS 106.
CrPC to BNSS Converter Tool by Vera Causa Legal
Legal reforms often bring clarity—but they can also cause confusion for those unfamiliar with legislative changes. That’s why Vera Causa Legal has introduced a user-friendly solution: the CrPC to BNSS Converter Tool.
What Does the Tool Do?
The CrPC to BNSS Converter Tool is a digital reference platform developed by our legal research team to help:
- Lawyers, students, and litigants transition smoothly from the old Code of Criminal Procedure, 1973 to the new Bharatiya Nagarik Suraksha Sanhita, 2023.
- Instantly identify the corresponding BNSS section for any CrPC provision.
- Understand how Section 125 CrPC is now codified as BNSS Section 106, along with any structural or procedural differences.
How It Helps You
Using this tool:
- Petitioners can draft applications with up-to-date citations.
- Advocates can quote the correct legal provision in court, post-reform.
- Students and interns can study changes for exams and internships.
- It also ensures compliance in affidavits, notices, and legal arguments.
The interface is clean, searchable, and free to use on the official Vera Causa Legal website.
Stay ahead of legal transitions with clarity—and ensure that your rights are enforced under the correct and current law.
Conclusion
Section 125 CrPC is more than just a legal provision—it’s a lifeline for thousands who are left vulnerable due to neglect, abandonment, or financial disparity. From wives and children to aging parents, this section ensures that those unable to support themselves are not left behind by society or the legal system.
With the introduction of BNSS Section 106 in 2023, India has reaffirmed its commitment to justice and modernized its procedural laws to make them more accessible. Though the number of the section has changed, the spirit of Section 125 CrPC remains intact: protect the vulnerable and uphold the dignity of dependent individuals.
At Vera Causa Legal, we understand that navigating legal systems can be overwhelming. That’s why we offer comprehensive legal support—starting from filing the application under Section 125 CrPC, to securing interim maintenance, to enforcing final orders under Section 125(3) or BNSS 106.
We also provide advanced tools like the CrPC to BNSS Converter Tool, designed to simplify your legal journey and keep you updated with India’s evolving laws.
If you or someone you know is struggling to secure rightful maintenance, don’t wait. Consult the best law firm in Noida, Vera Causa Legal, for expert legal advice and representation in Section 125 CrPC and BNSS 106 cases.
📞 Book a consultation today. Justice begins with action.