Introduction to Section 147 BNSS / Maintenance Orders Are Enforced in India
Section 147 BNSS of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the enforcement of maintenance orders. When a court orders a person to pay maintenance or interim maintenance to their wife, child, or parents, this section ensures that the order can be enforced anywhere in India. It also guarantees that a copy of the order is given free of cost to the beneficiary or their guardian.
What is BNSS Section 147 ?
BNSS Section 147 means:
- If someone is supposed to pay maintenance or interim maintenance by court order and they don’t pay it,
- The person who is supposed to receive the money can get a free copy of the order,
- And take it to any Magistrate in India,
- Who can enforce the order after confirming who is involved and whether payment was missed.
It protects people who depend on maintenance by making sure they don’t have to wait or struggle for enforcement.
BNSS Section of 147 in Simple Points
1. Free Copy of Maintenance Order
When a Magistrate passes an order for maintenance or interim maintenance, the person who is supposed to receive the money (like wife, child, or parents) is given a free copy of the order. This means they do not need to pay any fee to get this important document. This helps the person understand their rights and use the document in case the other party fails to pay.
2. Guardian Can Receive the Order Too
If the maintenance is for a minor child or someone who has a guardian, the free copy of the order can be given to the guardian. This ensures that even children or dependent persons who cannot act for themselves can have someone receive and use the order for their benefit.
3. Any Magistrate Can Enforce the Order
If the person who has to pay the maintenance moves to another city or state, the order can still be enforced. Any Magistrate in the place where the non-paying person is currently living can take action. This avoids delay and excuses from the defaulter and makes the enforcement process smoother.
4. Verification of Parties and Non-Payment Is Required
Before taking action, the Magistrate must confirm the identity of both parties and also check that the payment has not been made. This protects both parties and ensures fairness—action is only taken if it’s clear that maintenance or expenses are really overdue.
5. Enforcing Maintenance and Legal Expenses Together
This section allows enforcement not only for maintenance or interim maintenance, but also for the expenses of the court proceedings (if ordered by the Magistrate). This gives complete protection to the person who is already financially weak and ensures that they are not burdened with court costs on top of everything.
Section 147 of BNSS Overview
BNSS Section 147 makes sure that once a court issues a maintenance or interim maintenance order, the person who should receive it can get the copy for free and ask for its enforcement in any place where the paying person lives or is present. This section ensures that non-payment doesn’t go unpunished, and the matter can be taken up before any Magistrate in any location, not just where the original case was decided.
BNSS Section 147 – Enforcement of Order of Maintenance
1. Free Copy of the Maintenance Order
Once the Magistrate passes an order for maintenance or interim maintenance, the beneficiary is entitled to get a copy of that order without paying any fee. This helps the person know their legal rights clearly. The aim is to support the dependent person financially and not burden them with additional legal costs. It also ensures that there is a physical record to be used if the order is disobeyed. The law gives high priority to maintenance-related orders.
2. Guardian Can Receive the Copy
If the person receiving maintenance is a minor (like a child) or someone who has a guardian (due to disability or other reasons), the copy of the order can be issued to the guardian. This ensures that someone responsible receives the order and can take the necessary action to get the money. The law keeps the best interest of vulnerable dependents in mind. It prevents any delay due to the age or condition of the person who needs support.
3. Covers Both Maintenance and Interim Maintenance
BNSS Section 147 is not limited to final maintenance orders. It also includes interim maintenance orders, which are temporary payments given while the main case is still ongoing. This is important because many people need immediate financial help and cannot wait for the full case to be decided. The law ensures that interim support is also enforceable and protected under the same rule.
4. Also Includes Expenses of Proceedings
The law also ensures that expenses of legal proceedings, if awarded by the Magistrate, can be recovered through this section. For example, if someone is ordered to pay court expenses or lawyer fees to the applicant, those amounts are also enforceable under this section. This prevents additional financial stress on the dependent party and makes the system more fair.
5. Can Be Enforced Anywhere in India
If the person who has to pay the maintenance moves to another district or state, the order can still be enforced. The Magistrate in the new location where the person currently resides can take steps to recover the money. This rule helps in quick action, even if the defaulter tries to avoid responsibility by changing their location.
6. Magistrate Must Verify Identity
Before enforcing the order, the Magistrate must ensure the correct identity of both the person who should receive the payment and the one who should pay it. This helps avoid mistakes or fraud. The process ensures that only the genuine person gets the benefits, and the correct person is asked to pay. It’s a step that ensures fairness and accuracy.
7. Magistrate Must Confirm Non-Payment
Enforcement under this section is possible only when it is proven that the payment has not been made. The Magistrate checks whether the monthly allowance or interim maintenance or court expenses are still unpaid. If satisfied, the Magistrate can take legal action. This step protects honest payers and targets only those who are avoiding payment.
8. Prevents Delay in Justice
This section is designed to offer quick relief to the person who is already facing financial difficulty. It allows immediate action by a Magistrate to enforce the order so that there is no unnecessary delay in receiving the money. The goal is to provide fast and fair justice in maintenance cases, especially to people like women, children, and elderly parents.
9. Helpful in Domestic and Family Disputes
In many family and domestic issues, maintenance orders are common. This section gives strength to those orders and provides a clear process to enforce them if not followed. Whether it’s a wife, child, or elderly parent, this law ensures they get the support they legally deserve without having to fight again and again in court.
10. Strong Legal Tool for Dependents
BNSS Section 147 acts as a strong weapon in the hands of dependents who rely on maintenance for survival. It holds the defaulter accountable and helps in recovering unpaid amounts in a legal and structured way. This section plays a big role in protecting the rights of vulnerable persons and ensuring their dignity through regular financial support.
Examples of BNSS Section 147
Example 1:
Ravi is ordered by a Delhi Magistrate to pay ₹5,000 per month to his elderly mother as maintenance. After 3 months, Ravi moves to Pune and stops paying. His mother takes the free copy of the order to a Pune Magistrate. The Pune Magistrate, after verifying Ravi’s identity and non-payment, takes action to enforce the order and recover the dues.
Example 2:
Anita receives interim maintenance from her husband during their legal separation case. After a few months, her husband changes city and refuses to pay. Anita uses BNSS 147 to get the order enforced by a Magistrate in her husband’s new location, ensuring her rights are protected.
Section 147 of BNSS Short Information
| S.No | Key Point | Explanation (Simple Words) |
|---|---|---|
| 1 | Free copy of order | The person receiving maintenance will get the court order copy for free. |
| 2 | Guardian can receive order | If the person is a child or has a guardian, the order will be given to the guardian. |
| 3 | Order applies across India | The order can be enforced by any Magistrate anywhere in India, not just the original court. |
| 4 | Magistrate verifies non-payment | The Magistrate checks if payment is actually not made before taking action. |
| 5 | Covers both maintenance and legal expenses | The rule applies to both monthly maintenance and court-related expenses. |
Why is BNSS Section 147 Needed?
BNSS Section 147 is important because it ensures that the maintenance or interim maintenance ordered by the court actually reaches the person who needs it—like a wife, child, or elderly parent. Just making an order is not enough; if the person who is supposed to pay maintenance refuses or delays it, the suffering party may face hardship. That’s where Section 147 helps.
1. Helps in Real-Life Enforcement
Many people win maintenance orders from the court but don’t receive the money. BNSS 147 allows a Magistrate to enforce the order anywhere in India where the defaulter is located, ensuring the order is not just on paper.
2. Ensures Quick Support for Dependents
Women, children, and elderly parents often depend on this money for survival. Section 147 ensures they get a copy of the maintenance order without paying any fees and can take quick legal steps if the payment stops.
3. Stops Delays and Avoidance
Sometimes, the person ordered to pay maintenance changes location to avoid the court. This law allows any Magistrate to act once it is confirmed that the defaulter hasn’t paid, stopping them from running away from responsibility.
4. Protects Rights of the Needy
This section ensures that the rights of vulnerable family members are protected by giving them an easy legal tool to enforce their claims.
5. Strengthens the Legal System
Without enforcement, even a good law is useless. BNSS 147 adds strength and credibility to maintenance laws by making sure that court orders are followed, and support reaches the rightful person.
BNSS Section 147 FAQs
BNSS 147
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