Section 145 BNSS: Procedure

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 145 BNSS at a Glance

Section 145 BNSS deals with procedure. It replaced Section 126 CrPC on 1 July 2024.

Was CrPC

Section 126 →

Section 145 BNSS Bare Act Text

(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.

Source: Section 145, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 145 BNSS in Simple Words

Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with where proceedings under Section 144 BNSS may be taken and how evidence is taken in them. Proceedings 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.

All evidence 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. A proviso lets the Magistrate proceed ex parte where the person is wilfully avoiding service or wilfully neglecting to attend the Court, and the Court may make such order as to costs as may be just.

When Section 145 BNSS Applies

  • 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.
  • 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.
  • 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.
  • 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.
  • 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 Under Section 145 BNSS

  • 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”

Example of Section 145 BNSS

Meera lives in Jaipur, and her husband Rajesh lives in Bhopal. Under Section 145(1)(b) BNSS, Meera may take proceedings under Section 144 BNSS against Rajesh in Jaipur, because the wife of Rajesh resides there. If the father of Rajesh resides in Indore, Meera may also take proceedings there under Section 145(1)(d) BNSS. If the Magistrate dispenses with the personal attendance of Rajesh, evidence under Section 145(2) BNSS shall be taken in the presence of the advocate of Rajesh and recorded in the manner prescribed for summons-cases. If the Magistrate is satisfied that Rajesh is wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte, and the order may be set aside for good cause shown on an application made within three months from the date of the order.

When Section 145 BNSS Does Not Apply

  • Section 145(1) BNSS speaks of the district in which proceedings under Section 144 BNSS may be taken. It does not deal with the order for maintenance itself, which Section 144 BNSS deals with.
  • Section 145(2) BNSS speaks of evidence recorded in the manner prescribed for summons-cases. It does not deal with the manner of recording evidence in warrant-cases.

Section 145 BNSS in the CrPC (Previous Law)

Section 145 BNSS replaced Section 126 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 145 BNSS

In which district may maintenance proceedings under Section 144 BNSS be taken?▼

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.

How is evidence recorded in proceedings under Section 145 BNSS?▼

Under Section 145(2) BNSS, all evidence 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.

When can a Magistrate proceed ex parte under Section 145 BNSS and how can the order be set aside?▼

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. 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.

What changed from Section 126 CrPC to Section 145 BNSS from 1 July 2024?▼

Section 145 BNSS has the same heading as Section 126 CrPC. Section 145(1)(d) BNSS adds a clause: where his father or mother resides, and Section 126(1) CrPC has no counterpart. 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. Section 145(2) BNSS reads advocate where Section 126(2) CrPC read pleader. The rest of the text is the same.

Section 145 BNSS: Sub-sections Explained

Section 145(1) BNSS: Procedure

▶

Bare Act Text

(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.

Previous Law

CrPC 126 → Section 145(1) BNSS

Section 145(2) BNSS: Procedure

▶

Bare Act Text

(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.

Previous Law

CrPC 126(2) → Section 145(2) BNSS

Section 145(3) BNSS: Procedure

▶

Bare Act Text

(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.

Previous Law

CrPC 126(3) → Section 145(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·