BNSS Section 145 Explained: Procedure for Maintenance Cases Under the Bharatiya Nagarik Suraksha Sanhita

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS) has brought important changes to India’s criminal procedure system by replacing the old Code of Criminal Procedure (CrPC). One of the key areas it addresses is maintenance, which is meant to protect wives, children, and parents who are neglected or left without financial support.

While Section 144 of the BNSS explains who is entitled to claim maintenance and how much may be granted, Section 145 describes how such cases are to be handled by the courts.

In simple words, Section 145 sets out the procedure—where the case can be filed, how evidence should be taken, what happens if someone avoids the court, and how the Magistrate can deal with costs.

This article explains Section 145 in an easy way, so that anyone—especially those filing or defending a maintenance claim—can understand how the process works.

The Purpose of Section 145

The main goal of Section 145 is to ensure that cases under Section 144 (maintenance) are handled in a fair, speedy, and transparent manner.

It provides specific rules about:

The jurisdiction (which court or district can hear the case),
The method of recording evidence,
What happens if the person against whom maintenance is claimed avoids appearing in court, and
The power of the court to decide costs (such as legal expenses).

These rules make the process organized and reduce unnecessary delays.

1. Where Can a Maintenance Case Be Filed? (Section 145(1))

The first part of Section 145 explains where a person can start proceedings for maintenance.

Under this rule, a case can be filed in any district that meets one of the following four conditions:

(a) The district where the person (the one who is supposed to pay maintenance) is currently living.
For example, if a husband has moved to another city for work, the wife can file the case in that city.

(b) The district where the person’s wife resides.
This means the wife does not have to travel far or face hardship to file her case. She can file it where she currently lives.

(c) The district where the person last lived with his wife or, in the case of an illegitimate child, with the child’s mother.
This allows the case to be filed where the relationship effectively ended.

(d) The district where the person’s father or mother resides.
If parents are seeking maintenance from their child, they can file the case where they live.

This list gives several options so that the dependent person—whether wife, child, or parent—can file the case in the place most convenient for them. It helps avoid additional financial or physical strain on those already in need.

2. How Is the Evidence Taken? (Section 145(2))

Once a maintenance application is filed, the court needs to examine the facts and decide whether maintenance should be granted.

Section 145(2) explains how the evidence is to be taken during these proceedings.

It says that all evidence should be taken in the presence of the person against whom the maintenance is sought. This ensures fairness—both sides can hear what the other says, and each can present their own version of the facts.

If the person’s personal presence is not required (for example, if they live far away or are represented by a lawyer), the evidence can be taken in the presence of their advocate.

The evidence must be recorded in the same way as in summons-cases, which are simpler and quicker than full criminal trials. This helps to make the process less time-consuming.

3. What If the Person Avoids the Court? (Ex Parte Proceedings)

Section 145 also deals with the situation where the person from whom maintenance is claimed deliberately avoids attending the court or tries to delay the case.

The law says that if the Magistrate is satisfied that the person is willfully avoiding service of notice (meaning he does not accept the court’s summons) or willfully neglecting to attend, then the court can proceed ex parte.

The term ex parte means that the Magistrate can hear and decide the case in the absence of the other party.

This is an important safeguard because otherwise, the claimant (such as a wife or parent) could be made to wait endlessly if the other person keeps ignoring court notices.

However, there is also a provision to ensure fairness. If an ex parte order is passed, the person against whom it was made can apply to the court to set aside the order—but only if there is a good cause for their absence.

This application must be made within three months from the date of the order. The court may also require them to pay costs to the opposite party (for example, to compensate the wife or parent for the trouble caused by the delay).

This balance ensures that no one can misuse the process—neither the claimant nor the person defending the claim.

4. The Court’s Power to Decide Costs (Section 145(3))

The last part of Section 145 gives the court the power to decide costs.

This means that the Magistrate can order one party to pay for certain expenses related to the case—such as court fees, travel expenses, or legal costs—if it is considered fair to do so.

For example, if a husband deliberately delays the case or refuses to attend hearings, the Magistrate may order him to pay the wife’s legal expenses.

On the other hand, if the Magistrate finds that the wife or claimant filed a false or exaggerated claim, the court may order her to pay costs to the other side.

This provision encourages honesty and discourages misuse of the legal system.

The Spirit Behind Section 145: Fairness and Accessibility

The BNSS aims to make the justice system faster and more citizen-friendly. Section 145 reflects this spirit by ensuring that:

The place of filing is convenient for the dependent person;
Evidence procedures are simple and fair;
The law cannot be delayed by avoiding court appearances; and
Costs are decided fairly to discourage misuse.

Together, Sections 144 and 145 make up a complete mechanism—Section 144 gives the right to claim maintenance, and Section 145 ensures that the claim is handled quickly and fairly.

Key Highlights of BNSS Section 145

To summarize the main points in simple terms:

Multiple Filing Options:
The claimant can file the case in several possible districts, whichever is most suitable—where the respondent lives, where the claimant resides, where they last lived together, or where the parents live.
Evidence Procedure:
Evidence must be recorded in front of the respondent or their lawyer, following the rules used in summons-cases, which are simpler and faster.
Ex Parte Orders:
If the respondent avoids court or refuses to appear, the Magistrate can decide the case in their absence. However, such an order can later be canceled if the person shows a good reason within three months.
Power to Decide Costs:
The Magistrate can decide who pays the legal costs, depending on what is fair.

These features make Section 145 not only clear but also practical for real-life situations.

Why Section 145 Matters

Maintenance laws are not just about money—they are about dignity, responsibility, and protection. Section 145 ensures that those in need of support can access justice without unnecessary struggle.

Earlier, under the CrPC, many cases were delayed because of confusion about where to file or how to handle absentee respondents. The BNSS has now made this simpler and more structured.

By allowing proceedings in multiple locations, the law puts the comfort of the dependent person first. By allowing ex parte decisions, it prevents misuse by people who try to dodge the system. And by giving courts the power to decide costs, it promotes honesty and discourages false claims.

In short, Section 145 is designed to make maintenance proceedings fair, efficient, and humane.

Frequently Asked Questions (FAQ)

1. Can I file a maintenance case in my own city even if my husband lives elsewhere?
Yes. Section 145 allows you to file the case in the district where you live, where your husband lives, or where you last lived together.

2. What happens if the other person does not come to court?
If the Magistrate finds that they are avoiding the case on purpose, the court can decide the matter ex parte—that is, without their presence.

3. Can an ex parte order be changed later?
Yes. The person against whom the order was made can apply to the court within three months to set it aside, if they can show a genuine reason for missing the hearing.

4. Will I have to pay court costs?
Not necessarily. The Magistrate decides costs based on fairness. If you are truthful and genuine, the court will usually not burden you with costs.

Conclusion

Section 145 of the Bharatiya Nagarik Suraksha Sanhita completes the framework for maintenance proceedings begun under Section 144. It ensures that such cases are handled smoothly, with respect for both parties’ rights.

By laying down clear rules for where to file, how to take evidence, and how to deal with absentees or costs, it makes the justice process more accessible and transparent.

For anyone filing or facing a maintenance claim, understanding Section 145 is essential. It protects the rights of those in need while ensuring that no one misuses the law.

If you are involved in such a case, always seek guidance from a qualified legal professional. A lawyer can help you understand the correct procedure and make sure your rights are fully protected under the BNSS.

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