Article written by Advocate Alpa Jogi on Removal Of The Word ‘Minor’ In Section 144 Of BNSS
On July 1, 2024, the Code of Criminal Procedure (CrPC), 1973, was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Section 125 of the CrPC has now become Section 144 of the BNSS. Although the structure remains similar, there is one major change. The word “minor” has been removed from Section 144(1)(b), the first proviso, and the explanation clause. This change is important because earlier, only minor children could ask for maintenance. Now, even a child who has become a major can claim maintenance from their father if they are unable to maintain themselves.
This shift shows that the legislature wanted to expand the scope of the provision. It is no longer limited to just minor children. However, the use of the word “majority” here might cause confusion in future legal interpretation. Some may argue that since clause (c) mentions “major” children, clause (b) should not cover them unless they have a disability. This is why some believe the legislature should have also removed the word “majority” from clause (c) to make the law more consistent.
An important question now is whether Section 144 will apply to cases that were filed before July 1, 2024. In the present case, the Supreme Court allowed a more beneficial provision under the BNSS (related to undertrial prisoners) to apply to old cases too. Since Section 144 is also a welfare provision, it is hoped that courts will give it retrospective effect, meaning it would apply to pending maintenance claims as well.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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