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 Prakash Dhande

Advocate Prakash Dhande

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate, Revenue

Get Advice
Advocate Utsav Kumar Mishra

Advocate Utsav Kumar Mishra

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 Rythik S Shetty

Advocate Rythik S Shetty

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax

Get Advice
Advocate Deepkumar Patel

Advocate Deepkumar Patel

Anticipatory Bail, Armed Forces Tribunal, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, High Court, Immigration, Supreme Court, Banking & Finance, Cheque Bounce, Bankruptcy & Insolvency, Insurance, International Law, Media and Entertainment, Medical Negligence

Get Advice
Advocate Amit Sinha

Advocate Amit Sinha

Cheque Bounce,Criminal,Cyber Crime,Medical Negligence,Motor Accident,

Get Advice
Advocate Mohammed Azim Farooq Shaikh

Advocate Mohammed Azim Farooq Shaikh

Anticipatory Bail, Arbitration, Civil, Cheque Bounce, Court Marriage, Consumer Court, Criminal, Family, High Court, R.T.I, Succession Certificate, Property, Recovery, Muslim Law, Motor Accident, Labour & Service, Divorce

Get Advice
Advocate Hari om Sharma

Advocate Hari om Sharma

Civil, Corporate, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Arbitration, Cheque Bounce, Child Custody

Get Advice
Advocate Surender Sihag

Advocate Surender Sihag

Anticipatory Bail, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Consumer Court, Banking & Finance, Civil, Family, Revenue, Recovery, Motor Accident, Labour & Service, Insurance, Criminal, Child Custody, High Court, R.T.I, Succession Certificate, Supreme Court

Get Advice
Advocate Dr Rajmohamed N Badiger

Advocate Dr Rajmohamed N Badiger

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Muslim Law, Patent, Property, Recovery, RERA, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Shekhar Chauhan

Advocate Shekhar Chauhan

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Customs & Central Excise, Consumer Court, Cyber Crime, Domestic Violence, Divorce, Criminal, Court Marriage, Corporate, High Court, Family, International Law, Landlord & Tenant, Labour & Service, Media and Entertainment, NCLT, RERA, R.T.I, 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.