CrPC 126→BNSS 145

CrPC 126 to BNSS 145: Procedure

Section 126 CrPC (1973) replaced by Section 145 BNSS (2023)

View CrPC Section 126 →View BNSS Section 145 →

CrPC 126 to BNSS 145 at a Glance

Section 126 CrPC (Procedure) is now Section 145 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 126 to BNSS 145?

From 1 July 2024, Section 126 of the Code of Criminal Procedure, 1973 is found in Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading. Section 145(1)(d) BNSS adds a clause: where his father or mother resides, and Section 126(1) CrPC has no counterpart. Section 145(2) BNSS reads advocate where Section 126(2) CrPC read pleader. Section 145(1) BNSS and Section 145(3) BNSS refer to Section 144 BNSS where Section 126(1) CrPC and Section 126(3) CrPC referred to Section 125 CrPC.

CrPC 126 vs BNSS 145: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section126145
HeadingProcedureSame
Sub-sections3 sub-sectionsSame
Cross-referencess.125s.144

CrPC 126 and BNSS 145: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 126, CrPC 1973

126. Procedure.—(1) Proceedings under section 125 may be taken against any person in any district— (a) where he is, or (b) where he or his wife resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so 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. (3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.
BNSS 2023 (in force)

Section 145, BNSS 2023

145. Procedure.—(1) Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so 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. (3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.

When It Applies: CrPC 126 vs BNSS 145

Under CrPC 126
  1. Under Section 126(1) CrPC, proceedings under Section 125 CrPC may be taken against any person in any district where he is, where he or his wife resides, or where he last resided with his wife or, as the case may be, with the mother of the illegitimate child.
  2. Under Section 126(2) CrPC, all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases.
  3. Under the proviso to Section 126(2) CrPC, if the Magistrate is satisfied that the person is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte.
  4. Under the proviso to Section 126(2) CrPC, any order so made may be set aside for good cause shown on an application made within three months from the date of the order, subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
  5. Under Section 126(3) CrPC, the Court in dealing with applications under Section 125 CrPC shall have power to make such order as to costs as may be just.
Under BNSS 145
  1. Under Section 145(1) BNSS, proceedings under Section 144 BNSS may be taken against any person in any district where he is, where he or his wife resides, or where he last resided with his wife or, as the case may be, with the mother of the illegitimate child, or where his father or mother resides.
  2. Under Section 145(2) BNSS, all evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases.
  3. Under the proviso to Section 145(2) BNSS, if the Magistrate is satisfied that the person is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte.
  4. Under the proviso to Section 145(2) BNSS, any order so made may be set aside for good cause shown on an application made within three months from the date of the order, subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
  5. Under Section 145(3) BNSS, the Court in dealing with applications under Section 144 BNSS shall have power to make such order as to costs as may be just.

Time Limits: CrPC 126 to BNSS 145

Under CrPC 126
  • Under the proviso to Section 126(2) CrPC, an order made ex parte may be set aside for good cause shown on an application made within three months from the date of the order.Act text: “on an application made within three months from the date thereof”
Under BNSS 145
  • Under the proviso to Section 145(2) BNSS, an order made ex parte may be set aside for good cause shown on an application made within three months from the date of the order.Act text: “on an application made within three months from the date thereof”

What CrPC 126 to BNSS 145 Means in Practice

From 1 July 2024, proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be taken against a person in any district where he is, where he or his wife resides, where he last resided with his wife or, as the case may be, with the mother of the illegitimate child, or where his father or mother resides. Section 126(1) of the Code of Criminal Procedure, 1973 listed the first three places only.

FAQs: CrPC 126 to BNSS 145

Where is Section 126 CrPC found from 1 July 2024?▼

Section 126 CrPC is found in Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 126(1) CrPC is found in Section 145(1) BNSS, Section 126(2) CrPC in Section 145(2) BNSS, and Section 126(3) CrPC in Section 145(3) BNSS.

What district clause does Section 145(1) BNSS add to Section 126(1) CrPC?▼

Section 145(1)(d) BNSS adds a clause: where his father or mother resides. Section 126(1) CrPC has no counterpart to it. Section 145(1)(a) BNSS, Section 145(1)(b) BNSS and Section 145(1)(c) BNSS cover the places that Section 126(1)(a) CrPC, Section 126(1)(b) CrPC and Section 126(1)(c) CrPC cover.

What word differs between Section 126(2) CrPC and Section 145(2) BNSS?▼

Section 145(2) BNSS reads in the presence of his advocate where Section 126(2) CrPC read in the presence of his pleader. The rest of the sub-section, including the proviso, is the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·