Section 147 BNSS: Enforcement of Order of Maintenance
Section 147 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the enforcement of an order granting maintenance, interim maintenance or expenses of proceedings. It enables enforcement at a place where the person against whom the order was made may be found, subject to the Magistrate being satisfied about the identity of the parties and the non-payment of the amount due.
- A copy of the maintenance order is to be supplied without payment to the person entitled to receive it, the guardian where applicable, or the person to whom payment is directed.
- The provision covers maintenance, interim maintenance and expenses of proceedings.
- The order may be enforced by a Magistrate in any place where the person against whom it was made may be.
- Before enforcement, the Magistrate must be satisfied about the identity of the parties and the non-payment of the allowance or expenses due.
Text of Section 147 BNSS
147. Enforcement of order of maintenance. A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, 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 for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, 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, or as the case may be, expenses, due.
Meaning and scope of Section 147 BNSS
Section 147 is an enforcement provision. It does not itself create the right to maintenance. The substantive power to order maintenance of wives, children and parents is contained in Section 144 BNSS. The procedure for those proceedings is dealt with in Section 145 BNSS, while Section 146 BNSS deals with alteration in the allowance.
The practical importance of Section 147 is territorial enforcement. A maintenance order need not become ineffective merely because the person liable to pay is present in another place. The provision permits enforcement by a Magistrate where that person may be, provided the statutory conditions relating to identity and non-payment are satisfied.
Free copy of the maintenance order
The section expressly requires that a copy of the order be supplied without payment. Depending on the case, the copy may be given to the person in whose favour the order is made, that person's guardian, or the person to whom the maintenance, interim maintenance or proceeding expenses are payable.
Conditions for enforcement
For Section 147 to operate, the Magistrate before whom enforcement is sought must be satisfied about two matters expressly stated in the provision:
- Identity of the parties: the persons concerned must be properly identified as the parties to the maintenance order.
- Non-payment: the maintenance allowance, interim maintenance or expenses sought to be enforced must remain unpaid and due.
Section 147 should therefore be read together with the original maintenance order and the related provisions governing the grant, procedure and alteration of maintenance.
Section 147 BNSS and former Section 128 CrPC
Section 147 BNSS corresponds to the subject formerly dealt with by Section 128 of the Code of Criminal Procedure, 1973, namely enforcement of an order of maintenance. The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. For matters affected by the repeal and saving provisions, the applicable procedural law can depend on the date and stage of the proceeding.
| Provision | Subject |
|---|---|
| Section 144 BNSS | Order for maintenance of wives, children and parents |
| Section 145 BNSS | Procedure |
| Section 146 BNSS | Alteration in allowance |
| Section 147 BNSS | Enforcement of order of maintenance |
Official legal resources
For the authoritative text and current government material, refer to the Ministry of Home Affairs - New Criminal Laws and the India Code portal.
Frequently asked questions on Section 147 BNSS
What does Section 147 BNSS deal with?
It deals with enforcement of orders for maintenance, interim maintenance and expenses of proceedings.
Is a copy of the maintenance order supplied free of cost?
Yes. Section 147 states that a copy of the order shall be given without payment to the person entitled to receive it, the guardian where applicable, or the person to whom the relevant amount is payable.
Can a maintenance order be enforced where the person liable is living or found?
Section 147 permits enforcement by a Magistrate in any place where the person against whom the order was made may be, after the Magistrate is satisfied about identity and non-payment.
Which BNSS provisions should be read with Section 147?
Sections 144, 145 and 146 are directly relevant because they deal respectively with the maintenance order, procedure and alteration in allowance.
Which CrPC provision dealt with the same subject?
The corresponding provision under the Code of Criminal Procedure, 1973 was Section 128.
Last updated: 11 September 2026