Section 128 CrPC: Enforcement of order of maintenance

Code of Criminal Procedure, 1973

Section 128 CrPC at a Glance

Section 128 CrPC deals with enforcement of order of maintenance. From 1 July 2024 it is replaced by Section 147 BNSS.

Now BNSS

Section 147 →

What Section 128 CrPC Says

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.

Source: Section 128, Code of Criminal Procedure, 1973

Section 128 CrPC in Simple Words

Section 128 of the Code of Criminal Procedure, 1973 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 128 CrPC 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 128 CrPC

An order of maintenance is made in favour of Leela against Mohan. Under Section 128 CrPC, a copy of the order shall be given without payment to Leela. If Mohan is in another place, any Magistrate in that place may enforce the order, on being satisfied as to the identity of the parties and the non-payment of the allowance due.

When Section 128 CrPC Does Not Apply

  • Section 128 CrPC 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 127 CrPC addresses.
  • Section 128 CrPC speaks of the enforcement of an order of maintenance. It does not deal with the making of that order, which Section 125 CrPC addresses.

Section 128 CrPC Under BNSS 147: What Changed

Section 128 CrPC is now covered under Section 147 BNSS.

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

View detailed comparison (CrPC 128 vs BNSS 147) →

FAQs on Section 128 CrPC

Who is given a copy of the order under Section 128 CrPC?▼

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 128 CrPC?▼

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 128 CrPC?▼

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.

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. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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