A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order 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, or as the case may be, expenses, due.
Bharatiya Nagarik Suraksha Sanhita
Section 147
Enforcement of order of maintenance
Englishहिंदी
⚡ Quick Answer Reference: Section 147 BNSS
- Provision: Section 147 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
- Jurisdiction: India
- Summary: This section says that a copy of the order for maintenance or interim maintenance will be given to the person who is supposed to receive it, or their guardian, without them having to pay for it. The order can be enforced by a Magistrate in any place where the person who has to pay is located, as long as the Magistrate is satisfied that the order is valid and the payment has not been made.
Statutory Content
What does Section 147 of BNSS say?
Indian StandardSection 147, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 147 (India)
Court Pleading StandardSection 147 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/147
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 147 of BNSS mean?
Plain English Explanation
This section says that a copy of the order for maintenance or interim maintenance will be given to the person who is supposed to receive it, or their guardian, without them having to pay for it. The order can be enforced by a Magistrate in any place where the person who has to pay is located, as long as the Magistrate is satisfied that the order is valid and the payment has not been made.
Practical Interpretation
In practical terms, this section means that a person who has been ordered to pay maintenance or interim maintenance can be forced to pay it, even if they are not present in the same location as the person who is supposed to receive the payment. The Magistrate can enforce the order by taking action against the person who has to pay.
Core Legal Purpose
The core purpose of this section is to ensure that orders for maintenance or interim maintenance are enforced, and that the person who is supposed to receive the payment is able to get it. This is done by providing a mechanism for the order to be enforced by a Magistrate, even if the person who has to pay is not present in the same location.
Key Legal Elements
- •A copy of the order of maintenance or interim maintenance must be given to the person in whose favour it is made, or to their guardian, without payment.
- •The order may be enforced by any Magistrate in any place where the person against whom it is made may be.
- •The Magistrate must be satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
- •This section does not specify any exceptions or limitations, but it is likely that the Magistrate will consider factors such as the ability of the person who has to pay to make the payment, and the circumstances of the person who is supposed to receive the payment.
Practical Example
Practical Example of Section 147 BNSS
Rajesh and Priya were married and had a child together. However, they got divorced and Rajesh was ordered to pay maintenance to Priya for their child. However, Rajesh refused to pay and moved to a different city. Priya went to the court and obtained a copy of the order, which was given to her without payment. The Magistrate in the city where Rajesh was living was satisfied that the order was valid and that Rajesh had not paid the maintenance. The Magistrate then took action against Rajesh to enforce the order and ensure that he paid the maintenance to Priya.
Common Questions (FAQ)
Frequently Asked Questions about Section 147 BNSS
Q: What is the punishment or consequence under Section 147 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It provides a mechanism for enforcing orders for maintenance or interim maintenance, but it does not specify any punishment for non-compliance.
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have been ordered to pay maintenance or interim maintenance. It does not apply to public entities, such as government departments or corporations.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 147 BNSS
What is Section 147 of BNSS?
Section 147 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Enforcement of order of maintenance". In plain terms: This section says that a copy of the order for maintenance or interim maintenance will be given to the person who is supposed to receive it, or their guardian, without them having to pay for it. The order can be enforced by a Magistrate in any place where the person who has to pay is located, as long as the Magistrate is satisfied that the order is valid and the payment has not been made.
What is the punishment under Section 147 of BNSS?
Section 147 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 147 of BNSS bailable or non-bailable?
Whether Section 147 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 147 of BNSS?
The essential elements of Section 147 of BNSS are: A copy of the order of maintenance or interim maintenance must be given to the person in whose favour it is made, or to their guardian, without payment.; The order may be enforced by any Magistrate in any place where the person against whom it is made may be.; The Magistrate must be satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due..
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