Section 147 of Bharatiya Nagarik Suraksha Sanhita, 2023: Enforcement of order of maintenance

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 128 CrPC

Legal Commentary & Landmark Judgments: Section 147

Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the nationwide enforcement of maintenance orders and execution of recovery warrants.

  • Monetary Relief & Maintenance: Section 147 mandates that an order of maintenance 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.
  • Process Issuance & Attendance: The Magistrate may issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence the defaulting person to imprisonment for a term which may extend to one month for each month's default, or until payment is made.
Key Landmark Precedents:
  • Poongodi v. Thangavel (2013) 10 SCC 618: The Supreme Court held that the one-year limitation under the proviso for seeking enforcement warrants does not extinguish the claimant's entitlement to arrears; arrears of maintenance remain a continuous liability.
  • Kuldip Kaur v. Surinder Singh (1989) 1 SCC 405: Affirmed that sentencing a defaulting husband to civil imprisonment is a coercive mode of enforcement, not a satisfaction of the debt; imprisonment does not wipe out liability to pay arrears.
Legal Commentary:

Section 147 gives teeth to maintenance orders. Courts can attach salaries, bank accounts, and immovable property, or commit chronic defaulters to civil jail until arrears are liquidated, preventing evasion across state boundaries.