Procedure
Section 126 of the Code of Criminal Procedure, 1973 deals with procedure. Proceedings under section 125 may be taken against any person in any district- (a) where he is, or (b) where he or his wife, resides, or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) Proceedings under section 125 may be taken against any person in any district-
(a) where he is, or
(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proceed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases:
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms at to payment of costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.
Section 126, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 145 Procedure Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke
Court's Decision & Legal Precedent
In proceedings under Section 125 Cr.P.C for maintenance, the court must strictly comply with Section 67 Cr.P.C when serving summons on a person residing outside its local jurisdiction by sending summons in duplicate to the Magistrate within whose jurisdiction the person resides. Further, evidence must be recorded in the presence of the respondent or his pleader as prescribed under Section 126(2) Cr.P.C, and ex-parte proceedings are permissible only when the Magistrate is satisfied that the respondent is willfully avoiding service or willfully neglecting to attend court; mere postal endorsement marked unclaimed does not constitute willful avoidance. Procedural non-compliance in maintenance proceedings warrants setting aside the order and remitting for fresh hearing, though interim maintenance may be awarded to protect the wife's interests.
On this section: Procedure for maintenance proceedings; requires evidence to be taken in presence of person against whom maintenance order is proposed or in presence of his pleader; recorded in manner prescribed for summons cases; proviso allows ex-parte proceedings only if Magistrate is satisfied of willful avoidance or neglect
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Mohd. Ghulam Rasool vs Shameem Sultana
Court's Decision & Legal Precedent
Service of summons in maintenance proceedings under Section 125 CrPC can be validly effected by registered post with acknowledgment due in accordance with Rule 13-A of Criminal Rules of Practice and Circular Orders 1990, and when such registered post notice is unclaimed, it constitutes deemed service under Section 27 of the General Clauses Act 1897, thereby validating an ex parte order passed in maintenance proceedings.
On this section: Petition to set aside ex parte order - petitioner relied on this section to challenge the maintenance order passed without proper service.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 126
What have the courts held on Section 126 of the Code of Criminal Procedure?
Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke (23 Nov 2023) is the leading judgment on this section among those set out below: Procedure for maintenance proceedings; requires evidence to be taken in presence of person against whom maintenance order is proposed or in presence of his pleader; recorded in manner prescribed for summons cases; proviso allows ex-parte proceedings only if Magistrate is satisfied of willful avoidance or neglect. Another 1 judgment on this section is set out below. They run from 2009 to 2023.
How do I find court cases under Section 126 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 126, section 126 CRPC, section 126 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Shri. Parashuram S/o Shivarudra Salunke vs Bhumika Alias Megha W/o Parashuram Salunke (23 Nov 2023).
What should I read with Section 126 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 125 (Order for maintenance of wives, children and parents), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 145 (Procedure), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 126 of the Code of Criminal Procedure come into force?
Section 126 of the Code of Criminal Procedure, cited as CRPC 126, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.