Law4u - Made in India

Why is Sec.125 is included in the Cr.Pc despite of its civil nature of maintenance.

03-Aug-2023
Criminal

Answer By law4u team

Section 125 of the Criminal Procedure Code (Cr.Pc) in India provides for the payment of maintenance by a husband to his wife, children, or parents who are unable to maintain themselves. Despite the nature of maintenance being essentially civil, Section 125 is included in the Cr.Pc for several reasons: Expediency: Including maintenance provisions in the Criminal Procedure Code makes it more accessible and expeditious for the aggrieved parties to seek relief. The Cr.Pc has well-established procedures for the enforcement of orders, and it allows for a summary and faster process compared to civil courts, ensuring quicker relief for those in need. Social Welfare: The inclusion of maintenance provisions in the Criminal Procedure Code is in line with the social welfare approach of the Indian legal system. It recognizes the duty of a person to maintain his or her dependents and ensures that they are not left without support, even if the person responsible fails to fulfill their obligation voluntarily. Effective Enforcement: The Cr.Pc empowers the criminal courts to enforce maintenance orders effectively. If a person fails to comply with the maintenance order, criminal courts have the authority to take appropriate action, including the arrest and detention of the defaulter, if necessary. Deterring Non-Compliance: By making maintenance a part of criminal law, it serves as a deterrent against defaulters who might otherwise refuse to pay maintenance. The fear of legal consequences under criminal law can prompt individuals to fulfill their obligations. Limited Resources: In some cases, the person seeking maintenance may not have the means to engage in prolonged civil litigation. Including maintenance provisions in the Cr.Pc allows them to approach the court without excessive financial burdens. It is essential to note that while Section 125 falls under the Criminal Procedure Code, its nature remains essentially civil. The objective of this inclusion is to provide a more accessible and effective remedy for those seeking maintenance, rather than suggesting that maintenance itself is a criminal offense.

Criminal Verified Advocates

Get expert legal advice instantly.

Advocate Prashant Shekhar( Advocate)

Advocate Prashant Shekhar( Advocate)

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Family, Banking & Finance

Get Advice
Advocate Vinod Kumar Singh

Advocate Vinod Kumar Singh

Anticipatory Bail, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Media and Entertainment, Motor Accident, Patent, Property, Medical Negligence, Trademark & Copyright, Tax

Get Advice
Advocate Sudhakar Kumar

Advocate Sudhakar Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Anita Yadav

Advocate Anita Yadav

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Domestic Violence, Family, Labour & Service, Muslim Law, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Piyush Singh

Advocate Piyush Singh

Revenue, Wills Trusts, Trademark & Copyright, Supreme Court, Civil, Cyber Crime, Divorce, Family, High Court, Immigration, Insurance, Media and Entertainment, Patent, Property, Startup, RERA, Recovery, Criminal

Get Advice
Advocate MVR Prakash

Advocate MVR Prakash

Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, Motor Accident

Get Advice
Advocate Vipin Bahadur Singh

Advocate Vipin Bahadur Singh

Anticipatory Bail, Court Marriage, Cheque Bounce, Consumer Court, Civil, Arbitration, Criminal, Documentation, Family, Divorce, Domestic Violence, Motor Accident, Revenue, Recovery, Child Custody, Succession Certificate, R.T.I, Muslim Law, Property

Get Advice
Advocate Hardik Agarwal

Advocate Hardik Agarwal

Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family

Get Advice
Advocate R M Jam

Advocate R M Jam

Cheque Bounce, Civil, Criminal, Motor Accident, Revenue

Get Advice
Advocate Deepak Singh Grover

Advocate Deepak Singh Grover

Anticipatory Bail, Banking & Finance, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Immigration, Insurance, Supreme Court, Succession Certificate, R.T.I, Motor Accident, Labour & Service, Muslim Law, Wills Trusts, Medical Negligence, Landlord & Tenant, Arbitration, Civil, Customs & Central Excise, Recovery, Media and Entertainment, Startup, Trademark & Copyright

Get Advice

Criminal Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.