Question

Which provision of the Code of Criminal Procedure (CrPC), 1973, provides a summary legal remedy for the maintenance of spouses, children, and parents who are unable to support themselves?

• A. Section 125
• B. Section 320
• C. Section 107
• D. Section 144

Hint:

Section 125 CrPC is one of the most frequently cited provisions in family law matters within criminal proceedings—always associate it with "summary remedy for maintenance."

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
Section 125 of the CrPC is a secular provision designed to provide speedy and summary justice to dependents to prevent vagrancy and destitution.

Step 2: Key Formula or Approach:
Distinguishing between maintenance (Section 125) and other criminal procedures like compounding offenses (Section 320) or preventive detention/orders (Sections 107/144).

Step 3: Detailed Explanation:
- Section 125 CrPC is a social welfare measure that enables a Magistrate to order maintenance for wives, children, and parents.
- Section 320 deals with the compounding of offenses.
- Section 107 deals with security for keeping peace in other cases.
- Section 144 deals with the power of a Magistrate to issue orders in urgent cases of nuisance or apprehended danger.

The primary objective of Section 125 is to provide a summary remedy to those who cannot support themselves.

Step 4: Final Answer:
Section 125 is the correct provision for the maintenance of spouses, children, and parents. Thus, (A) is correct.

Answer 2

This question checks whether you can tell apart provisions of the CrPC that superficially deal with "orders" or "proceedings" but serve very different purposes. Let's examine each option.

1. Section 125: This provision empowers a Magistrate to order monthly maintenance for a wife, children, or parents who are unable to maintain themselves. It is designed as a quick, summary proceeding so that dependents are not left destitute while a full civil suit for maintenance drags on. This is exactly the remedy described in the question.
2. Section 320: This section lists offences that can be compounded, meaning the complainant and accused can settle certain criminal cases with or without the court's permission. It has nothing to do with maintenance; it is a mechanism for closing criminal proceedings by agreement.
3. Section 107: This provision allows an Executive Magistrate to require a person to execute a bond for keeping the peace when there is apprehension of a breach of peace. It is preventive and relates to public order, not to financial support of dependents.
4. Section 144: This is the well known provision letting a Magistrate issue urgent orders in cases of nuisance or apprehended danger, such as prohibiting assembly or imposing curfew. It too is unconnected with maintenance.

Only Section 125 provides a summary, dependant-friendly remedy for maintenance of spouses, children, and parents who cannot support themselves.

Hence, the correct answer is Section 125.