Section 144 of BNSS – Main Points and Insights
Legal Provision and Purpose Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is analogous to Section 125(3) of the Cr.P.C. and is aimed at providing social justice, particularly for women and children, by enabling maintenance claims until the attainment of majority or under specific circumstances for unmarried daughters. It emphasizes the state's role in protecting vulnerable groups 2025 Supreme(Online)(Tel) 14694, 2024 Supreme(Online)(KER) 55945.
Maintenance Rights of Women and Daughters Courts recognize that women, including wives and unmarried daughters, are entitled to maintenance even if they are temporarily employed or capable of self-supporting, especially when they are unable to maintain themselves due to circumstances like unemployment or incapacity. Sections 20(3) of the Hindu Marriage Act (HAMA) and Section 125 of Cr.P.C. underpin these rights, reinforcing social justice principles 2025 0 Supreme(Ker) 40, 2025 Supreme(Online)(KER) 3257, 2025 0 Supreme(Ker) 3196.
Majority and Maintenance Claims The law allows daughters to claim maintenance until they attain majority, with certain conditions allowing these rights to persist beyond majority, especially if they are unmarried or unable to support themselves. The courts have upheld maintenance claims for daughters even after attaining majority in specific cases, emphasizing the ongoing obligation of parents 2025 Supreme(Online)(KER) 3257, 2025 Supreme(Online)(Ker) 23943.
Court Proceedings and Maintainability Petitions under Section 144(1) of BNSS are scrutinized for maintainability, with courts emphasizing the importance of proper legal procedures, cross-examination, and judicial examination of facts. Objections such as the son being major or lack of medical certification are considered but do not necessarily bar maintenance claims 2025 Supreme(Online)(Tel) 14694, 2025 0 Supreme(Gau) 1715.
Social Justice and Constitutional Backing Section 144 of BNSS is rooted in constitutional principles (Articles 15(3) and 39), ensuring protection for women and children. It acts as a social justice measure, compelling those with means to provide maintenance to those unable to support themselves 2025 0 Supreme(Ker) 40, 2025 0 Supreme(Ker) 3196.
Analysis and Conclusion
Section 144 of BNSS serves as a comprehensive legal framework for ensuring maintenance for women and children, aligning with principles of social justice and constitutional protections. It recognizes the ongoing rights of daughters and women to claim maintenance even beyond traditional age limits under certain conditions. Courts emphasize procedural fairness, including cross-examination and proper examination of facts, to uphold these rights. Overall, BNSS reinforces the state's commitment to protecting vulnerable populations through clear legal provisions for maintenance claims.
References: - 2025 Supreme(Online)(Tel) 14694 - 2025 0 Supreme(Ker) 40 - 2025 Supreme(Online)(KER) 3257 - 2025 Supreme(Online)(Ker) 23943 - 2025 0 Supreme(Ker) 3029 - 2025 0 Supreme(Gau) 1715 - 2025 0 Supreme(Gau) 2094 - 2024 Supreme(Online)(KER) 55945 - 2025 Supreme(Online)(Tel) 17289 - 2025 0 Supreme(Ker) 3196