Section 126 CrPC: Procedure

Code of Criminal Procedure, 1973

Section 126 CrPC at a Glance

Section 126 CrPC deals with procedure. From 1 July 2024 it is replaced by Section 145 BNSS.

Now BNSS

Section 145 →

What Section 126 CrPC Says

126. Procedure

(1) Proceedings under section 125 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.

(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 pleader, 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 125 shall have power to make such order as to costs as may be just.

Source: Section 126, Code of Criminal Procedure, 1973

Section 126 CrPC in Simple Words

Section 126 of the Code of Criminal Procedure, 1973 deals with where proceedings under Section 125 CrPC 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.

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 pleader. 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 126 CrPC Applies

  • Under Section 126(1) CrPC, proceedings under Section 125 CrPC 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.
  • Under Section 126(2) CrPC, 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 pleader, and shall be recorded in the manner prescribed for summons-cases.
  • Under the proviso to Section 126(2) CrPC, 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 126(2) CrPC, 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 126(3) CrPC, the Court in dealing with applications under Section 125 CrPC shall have power to make such order as to costs as may be just.

Time Limits Under Section 126 CrPC

  • Under the proviso to Section 126(2) CrPC, 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 126 CrPC

Meera lives in Jaipur, and her husband Rajesh lives in Bhopal. Under Section 126(1)(b) CrPC, Meera may take proceedings under Section 125 CrPC against Rajesh in Jaipur, because the wife of Rajesh resides there. If the Magistrate dispenses with the personal attendance of Rajesh, evidence under Section 126(2) CrPC shall be taken in the presence of the pleader 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 126 CrPC Does Not Apply

  • Section 126(1) CrPC speaks of the district in which proceedings under Section 125 CrPC may be taken. It does not deal with the order for maintenance itself, which Section 125 CrPC deals with.
  • Section 126(2) CrPC 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 126 CrPC Under BNSS 145: What Changed

Section 126 CrPC is now covered under Section 145 BNSS.

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.

View detailed comparison (CrPC 126 vs BNSS 145) →

FAQs on Section 126 CrPC

In which district may maintenance proceedings under Section 125 CrPC be taken?▼

Under Section 126(1) CrPC, proceedings under Section 125 CrPC 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.

How is evidence recorded in proceedings under Section 126 CrPC?▼

Under Section 126(2) CrPC, 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 pleader, and shall be recorded in the manner prescribed for summons-cases.

When can a Magistrate proceed ex parte under Section 126 CrPC and how can the order be set aside?▼

Under the proviso to Section 126(2) CrPC, 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.

Where is Section 126 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 126 CrPC is found in Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 126(1) CrPC is found in Section 145(1) BNSS, Section 126(2) CrPC in Section 145(2) BNSS, and Section 126(3) CrPC in Section 145(3) BNSS. Section 145(1)(d) BNSS has no counterpart in Section 126(1) CrPC.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·