CrPC 127 to BNSS 146: Alteration in allowance
Section 127 CrPC (1973) replaced by Section 146 BNSS (2023)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 127 | 146 |
| Heading | Alteration in allowance | Same |
| Sub-sections | 4 sub-sections | Same |
| Cross-references | s.125 | s.144 |
CrPC 127 and BNSS 146: Bare Act Text Side by Side
Section 127, CrPC 1973
Section 146, BNSS 2023
When It Applies: CrPC 127 vs BNSS 146
- 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.
- The Magistrate may make such alteration as the Magistrate thinks fit in the allowance for the maintenance or the interim maintenance.
- 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.
- 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.
- 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.
- 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.
- The Magistrate may make such alteration as the Magistrate thinks fit in the allowance for the maintenance or the interim maintenance.
- 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.
- 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.
- 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
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 ·