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Category: Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments

BNSS Sec 146 – Alteration in allowance

Posted on June 8, 2024 by ShadesOfKnife

146. Alteration in allowance.
(1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.
(2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.
(3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,—
(i) in the case where such sum was paid before such order, from the date on which such order was made;
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof.
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance
of the said order.


Note: No changes at all


BNSS Sec 144 is here. BNSS Sec 145 is here. BNSS Sec 147 is here.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 146 - Alteration in allowance CrPC 127 - Alteration in allowance Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 145 – Procedure

Posted on June 8, 2024 by ShadesOfKnife

145. Procedure
(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.


Note: Now any child (not just minor) can initiate maintenance proceedings in the district where his father or mother resides…


BNSS Sec 144 is here. BNSS Sec 146 is here. BNSS Sec 147 is here.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 145 - Procedure CrPC 126 - Procedure Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 144 – Order for maintenance of wives, children and parents

Posted on June 8, 2024 by ShadesOfKnife

144. Order for maintenance of wives, children and parents:-
(1) If any person having sufficient means neglects or refuses to maintain—
(a) his wife, unable to maintain herself; or
(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.


Note:
Major difference between this section and Sec 125 CrPC is that, All traces of the word ‘minor‘ including the definition given for this word under Explanation of Sec 125(1) CrPC are removed in BNSS Sec 144 leading to the consequence that, now a major child also can claim maintenance, if he/she/it is unable to maintain themselves.


BNSS Sec 145 is here.


Entire Sanhita available here.


Maintenance Judgments under Section 125 CrPC [Section 144 BNSS] are here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 258 – Judgment of acquittal or conviction

Posted on June 1, 2024 by ShadesOfKnife

258. Judgment of acquittal or conviction.—
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.


CrPC 235. Judgment of acquittal or conviction.—
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 258 - Judgment of acquittal or conviction CrPC 235 - Judgment of acquittal or conviction Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 254 – Evidence for prosecution

Posted on June 1, 2024 by ShadesOfKnife

254. Evidence for prosecution.—
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution:
Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means.
(2) The deposition of evidence of any public servant may be taken through audio-video electronic means.
(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.


CrPC 231. Evidence for prosecution.—
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 254 - Evidence for prosecution CrPC 231 - Evidence for prosecution Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 251 – Framing of charge

Posted on June 1, 2024 by ShadesOfKnife

251. Framing of charge.—
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.


CrPC 228. Framing of charge.—
(1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried.


BNSS Sec 250 – Discharge is here.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 251 - Framing of charge CrPC 228 - Framing of charge Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

BNSS Sec 250 – Discharge

Posted on June 1, 2024 by ShadesOfKnife

250. Discharge.—

(1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232.
(2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.


CrPC 227. Discharge.—
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.


BNSS Sec 251 – Framing of charge is here.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 250 - Discharge CrPC 227 - Discharge Enhancement in BNSS 2023 over CrPC 1973 | Leave a comment

Bharatiya Nagarik Suraksha Sanhita 2023 (CrPC)

Posted on June 1, 2024 by ShadesOfKnife

The Parliament passed the Bharatiya Nagarik Suraksha Sanhita 2023 (Act No. 46 of 2023) and received the assent of the President on the 25th Dec 2023.

Bharatiya Nagarik Suraksha Sanhita, 2023 (CrPC)

Old CrPC is here and amendments to it is available here.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged Bharatiya Nagarik Suraksha Sanhita 2023 (CrPC) | Leave a comment

CrPC 314 – Oral arguments and memorandum of arguments

Posted on December 22, 2023 by ShadesOfKnife

314. Oral arguments and memorandum of arguments.—

(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 314 - Oral arguments and memorandum of arguments | Leave a comment

CrPC 273 – Evidence to be taken in presence of accused

Posted on September 7, 2023 by ShadesOfKnife

Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader:
Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused.
Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under Chapter VIII has been commenced under this Code.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 273 - Evidence to be taken in presence of accused | Leave a comment

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