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Section 25: Cognizance of offences

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2007
Section 24 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 regulates the criminal trial procedure for offences committed under the Act, declaring offences cognizable and bailable, and authorizing summary trial by a Judicial Magistrate.

  • Cognizable & Bailable Classification: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (BNSS, 2023), every offence under this Act (such as abandonment under Section 24) is declared cognizable and bailable.
  • Summary Trial Procedure: Offences shall be tried summarily by a Magistrate in accordance with the summary trial provisions of the Code of Criminal Procedure.
  • Expedited Penal Adjudication: Ensures that criminal prosecutions for elder abandonment under Section 24 are decided swiftly without protracted committal proceedings.
Key Landmark Precedents:
  • Sunny Paul v. State (NCT of Delhi) 2018 SCC OnLine Del 11640: The High Court noted that Section 25 ensures rapid criminal penal accountability against children who intentionally abandon elderly parents in hospitals or public places.
  • Ashwani Kumar v. Union of India (2019) 2 SCC 636: Affirmed that the criminal provisions of the Act must be enforced stringently to punish elder abandonment.
Courtroom Practice & Strategic Litigation Guidance:

If children physically dump a frail elderly parent at an old age home or railway station, lodge an FIR immediately under Section 24 r/w Section 25. The police are statutorily commanded to register an FIR and investigate the cognizable offence.

Section 24 All 32 Sections of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 26