Section 147 BNSS: Enforcement of order of maintenance
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 147 BNSS at a Glance
Section 147 BNSS deals with enforcement of order of maintenance. It replaced Section 128 CrPC on 1 July 2024.
Section 147 BNSS Bare Act Text
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.
Source: Section 147, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 147 BNSS in Simple Words
Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the enforcement of an order of maintenance. A copy of the order shall be given without payment, whether the order is one of maintenance or one of interim maintenance and expenses of proceedings.
The copy goes to the person in whose favour the order is made, or to the guardian of that person, if any, or to the person to whom the allowance is to be paid. The allowance here means the allowance for the maintenance, or the allowance for the interim maintenance and expenses of proceedings, as the case may be.
Any Magistrate may enforce the order in any place where the person against whom it is made may be. The Magistrate may do so on being satisfied about the identity of the parties and about the non-payment of the allowance due, or of the expenses due, as the case may be.
When Section 147 BNSS Applies
- 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.
- The order may be enforced by any Magistrate in any place where the person against whom it is made may be.
- The Magistrate must be satisfied as to the identity of the parties and the non-payment of the allowance, or expenses, due.
Example of Section 147 BNSS
When Section 147 BNSS Does Not Apply
- Section 147 BNSS speaks of a copy of the order and its enforcement. It does not deal with the alteration of the allowance on a change in circumstances, which Section 146 BNSS addresses.
- Section 147 BNSS speaks of the enforcement of an order of maintenance. It does not deal with the making of that order, which Section 144 BNSS addresses.
Section 147 BNSS in the CrPC (Previous Law)
Section 147 BNSS replaces Section 128 CrPC from the old criminal code.
Section 147 BNSS has the same heading and the same text as Section 128 CrPC. Neither section refers to another section by number.
View CrPC Section 128 →FAQs on Section 147 BNSS
Who is given a copy of the order under Section 147 BNSS?▼
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 the guardian, if any, or to the person to whom the allowance is to be paid.
Which Magistrate may enforce the order under Section 147 BNSS?▼
The order may be enforced by any Magistrate in any place where the person against whom it is made may be.
When may the Magistrate enforce the order under Section 147 BNSS?▼
The Magistrate may enforce the order on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
What changed from Section 128 CrPC to Section 147 BNSS from 1 July 2024?▼
Section 147 BNSS has the same heading and the same text as Section 128 CrPC. Neither section refers to another section by number.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·