Maintenance under Section 125 of The Code of Criminal Procedure.

The object of this provision

is to provide a summary remedy to the dependent wife, children, and parents from destitution and
to serve a social purpose. The right under these provisions cannot be defeated by anything in the
personal law of the parties.
Under section 125 of the Code of Criminal Procedure, 1973 - An order made under this section can be enforced
against a person even if she/he resides outside the jurisdiction of the Court.
In cases and order under section 125 of the Code of Criminal Procedure, 1973 - Second wife cannot claim or
(cannot be made cases and order under section 125) maintenance for herself.

The object of this provision is to provide a summary remedy to the dependent wife, children, and parents
from destitution and to serve a social purpose. The right under these provisions cannot be defeated by
anything in the personal law of the parties.

Wife has voluntarily surrendered her right of maintenance - plea is acceptable under section 127 of the Code
of Criminal Procedure but NOT under section 125 of the Code of Procedure.

In case of sexual offences in which the information is being given by a female victim-The FIR cannot be
recorded by male police officers.

Central Government Act

Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
(1) If any person having sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself,
or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to
maintain itself, or
(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class
may, upon proof of such neglect or refusal, order such person to make a monthly allowance
for the maintenance of his wife or such child, father or mother, at such monthly rate not
exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same
to such person as the Magistrate may from time to time direct: Provided that the Magistrate
may order the father of a minor female child referred to in clause (b) to make such allowance,
until she attains her majority, if the Magistrate is satisfied that the husband of such minor
female child, if married, is not possessed of sufficient means. Explanation.- For the purposes
of this Chapter,-
(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875 ); is deemed not to have attained his majority;
(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.
(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date
of the application for maintenance.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order, issue a warrant for levying the amount due in
the manner provided for levying fines, and may sentence such person, for the whole or any
part of each month' s allowances remaining unpaid after the execution of the warrant, to
imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section
unless application be made to the Court to levy such amount within a period of one year from
the date on which it became due: Provided further that if such person offers to maintain his
wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under
this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress,
it shall be considered to be just ground for his wife' s refusal to live with him.
(4) No Wife shall be entitled to receive an allowance from her husband under this section if
she is living in adultery, or if, without any sufficient reason, she refuses to live with her
husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living
in adultery, or that without sufficient reason she refuses to live with her husband, or that they
are living separately by mutual consent, the Magistrate shall cancel the order.

In a bailable offence, the bail is granted as a matter of right: both by the police officer & the court.

Complaint as provided under section 2(d) of Cr PC: must necessarily to be a Magistrate only.

Complaint may relate to: a cognizable offence and a non-cognizable offence.

In a bailable offence : no condition can be imposed while granting bail by the police officer or by the court.
Non-cognizable offence has been defined: under section 2(1).

Cognizable are heinous crimes, whereas non-cognizable offences are not so

serious. Cognizable encompasses murder, rape, theft, kidnapping, counterfeiting, etc. On the
contrary, non-cognizable offences include offences like forgery, cheating, assault, defamation
and so forth. Complaint, as provided under section 2(d) of Cr PC - either in writing or oral.
Rejection of anticipatory bail application itself is not a ground for the immediate arrest of the accused and
the arrest of persons in all cases is unnecessary�. The Supreme Court gave this preposition in Abraham
Vs. State of Maharashtra (2003 (2) SCC 649) c.
The form of summons is mentioned in section: 61.
The maximum sentence of imprisonment a C.J.M. can impose: 7 years. Maximum sentence of fine C.J.M.
can impose- no limit.
The Code of Criminal Procedure 1973 came into force on: 1st April 1974.
All the proceedings for the collection of evidence conducted by a police officer under Cr.P.C. is called
Investigation.

Section 2(d) in The Code Of Criminal Procedure, 1973. (d) " complaint" means any allegation
made orally or in writing to a Magistrate, with a view to his taking action under this Code, that
some person, whether known or unknown, has committed an offence, but does not include a
police report.
A report made by a police officer in a case which discloses a commission of a non cognizable offence after
investigation shall deemed to be: Complaint.
In the Indian Constitution Criminal Procedure is included in the - Concurrent list.
The object of investigation is- To collect evidence against the accused.
First Information Report means - It must always be given in writing .
No wife shall be entitled to receive maintenance from her husband under section 125 of Cr. P.C. if– She is
living in adultery. In Mohd. Ahmad Khan Vs. Shah Bano Begum case the supreme Court held that section
125 Cr. P.C. was applicable to all irrespective of their religion.

Anticipatory Bail is granted after the registration of FIR but BEFORE a person is arrested by
police. ... Interim Bail is like a temporary bail which may be granted till the time your application
for Anticipatory Bail or Regular Bail is pending before a Court.
For Regular Bail a person can file an application under Section 437 and 439 of the CrPC. Section 438 of
the CrPC lays down the provisions on Anticipatory Bail.

In Gurbaksh Singh Sibbia vs State of Punjab (1980) case: case law SC ruled that “Sec. 438(1) should be
interpreted in the light of Article 21 (protection of life and personal liberty) of the Constitution.”

Attachment of the property of the person absconding - can be issued simultaneously with the issue of
proclamation under section’82 of Cr PC.