CrPC 128→BNSS 147

CrPC 128 to BNSS 147: Enforcement of order of maintenance

Section 128 CrPC (1973) replaced by Section 147 BNSS (2023)

View CrPC Section 128 →View BNSS Section 147 →

CrPC 128 to BNSS 147 at a Glance

Section 128 CrPC (Enforcement of order of maintenance) is now Section 147 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 128 to BNSS 147?

Section 147 BNSS has the same heading and the same text as Section 128 CrPC. Neither section refers to another section by number.

CrPC 128 vs BNSS 147: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section128147
HeadingEnforcement of order of maintenanceSame

CrPC 128 and BNSS 147: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 128, CrPC 1973

128. Enforcement of order of maintenance.—A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
BNSS 2023 (in force)

Section 147, BNSS 2023

147. Enforcement of order of maintenance.—A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

When It Applies: CrPC 128 vs BNSS 147

Under CrPC 128
  1. A copy of the order of maintenance or interim maintenance and expenses of proceedings shall be given without payment to the person in whose favour it is made, or to the guardian, if any, or to the person to whom the allowance is to be paid.
  2. The order may be enforced by any Magistrate in any place where the person against whom it is made may be.
  3. The Magistrate must be satisfied as to the identity of the parties and the non-payment of the allowance, or expenses, due.
Under BNSS 147
  1. A copy of the order of maintenance or interim maintenance and expenses of proceedings shall be given without payment to the person in whose favour it is made, or to the guardian, if any, or to the person to whom the allowance is to be paid.
  2. The order may be enforced by any Magistrate in any place where the person against whom it is made may be.
  3. The Magistrate must be satisfied as to the identity of the parties and the non-payment of the allowance, or expenses, due.

What CrPC 128 to BNSS 147 Means in Practice

Section 128 CrPC has no sub-sections and is found as a whole in Section 147 BNSS. Both provide for a copy of the order to be given without payment and for enforcement by any Magistrate in any place where the person against whom the order is made may be.

FAQs: CrPC 128 to BNSS 147

Where is Section 128 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 128 CrPC has no sub-sections, and maps as a whole to Section 147 BNSS.

Is the text of Section 147 BNSS the same as Section 128 CrPC?▼

Section 147 BNSS has the same heading and the same text as Section 128 CrPC. Neither section refers to another section by number.

Does Section 147 BNSS refer to any other section?▼

Section 147 BNSS does not refer to another section by number. Section 128 CrPC did not either.

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 ·