CrPC 127→BNSS 146

CrPC 127 to BNSS 146: Alteration in allowance

Section 127 CrPC (1973) replaced by Section 146 BNSS (2023)

View CrPC Section 127 →View BNSS Section 146 →

CrPC 127 to BNSS 146 at a Glance

Section 127 CrPC (Alteration in allowance) is now Section 146 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 127 to BNSS 146?

Section 146 BNSS has the same heading and the same text as Section 127 CrPC. Section 146(1) BNSS, Section 146(2) BNSS, Section 146(3) BNSS and Section 146(4) BNSS each refer to Section 144 BNSS where Section 127(1) CrPC, Section 127(2) CrPC, Section 127(3) CrPC and Section 127(4) CrPC referred to Section 125 CrPC. Section 146(2) BNSS has no comma after the word Magistrate where Section 127(2) CrPC has one.

CrPC 127 vs BNSS 146: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section127146
HeadingAlteration in allowanceSame
Sub-sections4 sub-sectionsSame
Cross-referencess.125s.144

CrPC 127 and BNSS 146: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 127, CrPC 1973

127. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,— (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.
BNSS 2023 (in force)

Section 146, BNSS 2023

146. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,— (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.

When It Applies: CrPC 127 vs BNSS 146

Under CrPC 127
  1. Section 127(1) CrPC applies on proof of a change in the circumstances of a person receiving, under Section 125 CrPC, a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay such an allowance to his wife, child, father or mother, as the case may be.
  2. The Magistrate may make such alteration as the Magistrate thinks fit in the allowance for the maintenance or the interim maintenance.
  3. Section 127(2) CrPC applies where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under Section 125 CrPC should be cancelled or varied. The Magistrate shall cancel the order or, as the case may be, vary it accordingly.
  4. Section 127(3) CrPC applies where an order has been made under Section 125 CrPC in favour of a woman who has been divorced by, or has obtained a divorce from, her husband. The Magistrate shall cancel the order if satisfied of a matter described in Section 127(3)(a) CrPC, Section 127(3)(b) CrPC or Section 127(3)(c) CrPC.
  5. Section 127(4) CrPC applies when the Civil Court makes a decree for the recovery of any maintenance or dowry by a person to whom a monthly allowance for the maintenance and interim maintenance, or either of them, has been ordered to be paid under Section 125 CrPC.
Under BNSS 146
  1. Section 146(1) BNSS applies on proof of a change in the circumstances of a person receiving, under Section 144 BNSS, a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay such an allowance to his wife, child, father or mother, as the case may be.
  2. The Magistrate may make such alteration as the Magistrate thinks fit in the allowance for the maintenance or the interim maintenance.
  3. Section 146(2) BNSS applies where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under Section 144 BNSS should be cancelled or varied. The Magistrate shall cancel the order or, as the case may be, vary it accordingly.
  4. Section 146(3) BNSS applies where an order has been made under Section 144 BNSS in favour of a woman who has been divorced by, or has obtained a divorce from, her husband. The Magistrate shall cancel the order if satisfied of a matter described in Section 146(3)(a) BNSS, Section 146(3)(b) BNSS or Section 146(3)(c) BNSS.
  5. Section 146(4) BNSS applies when the Civil Court makes a decree for the recovery of any maintenance or dowry by a person to whom a monthly allowance for the maintenance and interim maintenance, or either of them, has been ordered to be paid under Section 144 BNSS.

What CrPC 127 to BNSS 146 Means in Practice

Section 127(1) CrPC is found in Section 146(1) BNSS, Section 127(2) CrPC in Section 146(2) BNSS, Section 127(3) CrPC in Section 146(3) BNSS and Section 127(4) CrPC in Section 146(4) BNSS. Each reads the same apart from the renumbered reference to the section on the order for maintenance of wives, children and parents.

FAQs: CrPC 127 to BNSS 146

Where is Section 127 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 127 CrPC is found in Section 146 BNSS. Section 127(1) CrPC is found in Section 146(1) BNSS, Section 127(2) CrPC in Section 146(2) BNSS, Section 127(3) CrPC in Section 146(3) BNSS and Section 127(4) CrPC in Section 146(4) BNSS.

Is the text of Section 146 BNSS the same as Section 127 CrPC?▼

Section 146 BNSS has the same heading and the same text as Section 127 CrPC, except that Section 146 BNSS refers to Section 144 BNSS where Section 127 CrPC referred to Section 125 CrPC, and Section 146(2) BNSS has no comma after the word Magistrate.

Which section does Section 146 BNSS refer to for the order for maintenance?▼

Section 146 BNSS refers to Section 144 BNSS in each of Section 146(1) BNSS, Section 146(2) BNSS, Section 146(3) BNSS and Section 146(4) BNSS. Section 127 CrPC referred to Section 125 CrPC.

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: 21 Oct 2026 ·