Section 145 BNSS: Procedure (Formerly Section 126 CrPC)

Section 145 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Legal Commentary & Landmark Judgments: Section 145

Section 145 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the procedural rules, territorial jurisdiction, and evidence-recording mechanisms in maintenance proceedings.

Monetary Relief & Maintenance: Section 145 establishes flexible territorial jurisdiction for maintenance petitions: proceedings may be initiated in any district where the respondent resides, where the respondent or their wife resides, or where they last resided with their wife or the mother of the illegitimate child.
Evidentiary Proof & Admissibility: All evidence must be taken in the presence of the respondent, but the proviso permits the Magistrate to proceed ex parte if the respondent willfully avoids service or neglects to attend, subject to an application to set aside the ex parte order within three months on good cause.

Key Landmark Precedents:

Sanjeev Kapoor v. Chandana Kapoor (2020) 13 SCC 172: The Supreme Court held that maintenance proceedings under Section 125 CrPC are quasi-criminal with civil remedies; the Magistrate retains power to recall or modify ex parte or settlement orders to advance substantial justice.
Vijay Kumar Prasad v. State of Bihar (2004) 5 SCC 196: Clarified territorial jurisdiction benchmarks, holding that parental maintenance petitions must be instituted where the child resides, ensuring procedural fairness.

Legal Commentary:

Section 145 creates liberal territorial forums for destitute applicants. A wife can file where she currently resides, eliminating the hardship of traveling to the matrimonial home. Ex parte orders can be recalled only upon bona fide demonstration of reasonable cause within the strict three-month limitation period.