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 Shishir Dwivedi

Advocate Shishir Dwivedi

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Corporate, Consumer Court, Child Custody, Criminal, Divorce, Cyber Crime, Documentation, High Court, Family, Property, Domestic Violence, NCLT, Patent, RERA, Trademark & Copyright, Revenue, Succession Certificate, Motor Accident

Get Advice
Advocate Charan Datta Naik

Advocate Charan Datta Naik

Anticipatory Bail, Arbitration, 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 Ajay Kumar Jain

Advocate Ajay Kumar Jain

Anticipatory Bail, Arbitration, 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, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Pawan Kumar Kaushik

Advocate Pawan Kumar Kaushik

High Court, Property, Wills Trusts, Family, Divorce, Succession Certificate, Breach of Contract, Domestic Violence, Muslim Law, Criminal

Get Advice
Advocate Vijaykumar M Parmar

Advocate Vijaykumar M Parmar

Banking & Finance, Cheque Bounce, Civil, Corporate, Court Marriage, Criminal, Family, Revenue

Get Advice
Advocate Krishna Kumar

Advocate Krishna Kumar

Domestic Violence, Motor Accident, Anticipatory Bail, Cheque Bounce, Criminal

Get Advice
Advocate Parmeshwar Jaiswal

Advocate Parmeshwar Jaiswal

Motor Accident, Succession Certificate, Court Marriage, Cheque Bounce, Revenue, Criminal, Civil

Get Advice
Advocate Man Mohan Sharma

Advocate Man Mohan Sharma

Anticipatory Bail, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, International Law, Labour & Service, Medical Negligence, Motor Accident, Muslim Law, NCLT, R.T.I, Recovery, Succession Certificate, Trademark & Copyright

Get Advice
Advocate Mitrarun Datta

Advocate Mitrarun Datta

Civil, Criminal, Arbitration, Cheque Bounce, Breach of Contract, Consumer Court, Divorce, Family, Property, Motor Accident, Medical Negligence, Domestic Violence, Cyber Crime, Court Marriage, Anticipatory Bail

Get Advice
Advocate Pratyushpramit Pattnaik

Advocate Pratyushpramit Pattnaik

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

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.