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Section128
The Code of Criminal Procedure, 1973

Enforcement of order of maintenance

Repealed From 01 Apr 1974 Act 2 of 1974 As on 14 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 128 of the Code of Criminal Procedure, 1973 deals with enforcement of order of maintenance. A copy of the order of maintenance 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 is to be paid ; 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.

A copy of the order of maintenance 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 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 due.

CHAP

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY,

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY,

A.-Unlawful assemblies

Section 128, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 147 Enforcement of order of maintenance Text carried over almost unchanged 95%

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 The repealed enactment still governs what happened while it was in force.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.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 04 Oct 2023 KLHC010614262023

    … ALUVA TALUK, ERNAKULAM DISTRICT-, PIN - 682021 THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J U D G M E N T This original petition has been filed seeking an expeditious consideration of Exts.P18 and P21 applications filed under Section 128 of the Code of Criminal Procedure (for execution of orders granting interim maintenance under Section 125 Cr.P.C). A report placed by the Judicial First Class Magistrate Court, Kakkanad, which indicate that Ext.P21 application was listed for consideration on 16-09-2023. The learned Magistrate has also reported that …

    Read this order on eCourtsIndia

Questions about Section 128

What does Section 128 of the Code of Criminal Procedure deal with?

Section 128 of the Code of Criminal Procedure is headed "Enforcement of order of maintenance". A copy of the order of maintenance 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 is to be paid ;

How do I find court cases under Section 128 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 128, section 128 CRPC, section 128 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.

What should I read with Section 128 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 147 (Enforcement of order of maintenance), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 128 of the Code of Criminal Procedure come into force?

Section 128 of the Code of Criminal Procedure, cited as CRPC 128, 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

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.