Rationale of Criminal Procedure:

Importance of Fair Trial:

 The rationale of criminal procedure revolves around ensuring justice, protecting

individual rights, and maintaining the rule of law.
 Fair trial is essential to safeguarding the rights of the accused, ensuring that they
receive due process and are treated fairly throughout the legal proceedings.
 Fair trial principles include the right to a competent defense, the presumption of
innocence, the right to confront witnesses, the right to a speedy trial, and the right
to appeal.
 Fair trial not only protects the accused but also promotes public confidence in the
justice system and helps prevent miscarriages of justice.

Constitutional Perspective:
Article 14:

 Article 14 of the Indian Constitution guarantees equality before the law and equal
protection of laws to all persons within the territory of India.
 From a criminal procedure standpoint, Article 14 ensures that all individuals are
treated equally under the law, without discrimination based on caste, religion, race,
gender, or place of birth.
 It prohibits arbitrary or discriminatory actions by the state and ensures that legal
proceedings are conducted in a fair and impartial manner.

Article 20:

 Article 20 provides certain protections to individuals accused of crimes, including

the right against double jeopardy, the right against self-incrimination, and the right
to be tried by a competent court.
 It prohibits retrospective application of criminal laws and protects individuals from
being punished for an act that was not an offense at the time it was committed.
 Article 20 safeguards the fundamental rights of accused persons and ensures that
they receive a fair trial without coercion or undue pressure from the state.

Article 21:

 Article 21 of the Indian Constitution guarantees the right to life and personal liberty,
which has been interpreted expansively by the courts to include the right to a fair
trial and due process of law.
 From a criminal procedure perspective, Article 21 ensures that individuals are not
deprived of their liberty arbitrarily or without lawful authority.
  It encompasses the right to a fair and speedy trial, the right to legal representation,
the right to be informed of the charges, the right to be heard, and the right to appeal
against conviction or sentence.
 Article 21 reflects the foundational principle that justice must be administered fairly
and in accordance with the principles of natural justice.

Introduction
 Section 125 of the Code of Criminal Procedure, 1973 (CrPC) provides that any
person who has sufficient means to maintain himself cannot deny to maintain his wife,
children and parents if they are not able to maintain themselves.
 The provisions of maintenance of the Criminal Procedure Code,1973 are applicable to
persons belonging to all religions and have no relationship with the personal laws of the
parties.

Maintenance to Wife
 Section 125 (1) (a) of Criminal Procedure Code, 1973 provides that if any person
having sufficient means neglects or refuses to maintain his wife, who is unable to
maintain herself, then in such a case a magistrate of the first class may upon proof of
such neglect or refusal, order such person to pay a monthly allowance at such monthly
rate which the magistrate thinks fit.
 Wife here includes a woman who has been divorced by or has obtained divorce from
her husband and has not remarried.
 The ‘wife’ under Section 125 (1) (a) means a legally married wife and can be of any
age, minor or major.
 The wife is not allowed to receive an allowance from her husband in three cases-
o if she is living in adultery, or
o if she refuses to live with her husband and without any sufficient cause, or
o if they are living separately by mutual consent.
 While passing any order under Section 125(1) (a) it has to be kept in mind that the
husband have sufficient means and also that the wife after separation does not sufficient
money to maintain herself.
 The order for interim maintenance can also be passed by the court while the case is
pending.
Maintenance to Child
 Section 125(1)(b) provides for maintenance to a child unable to maintain itself. The
child here can be legitimate or illegitimate, whether married or not.
 Section 125 (1)(c) provides for maintenance to legitimate or illegitimate child (not
being a married daughter) who has attained majority but due to physical or mental
abnormality or injury is unable maintain itself.
 The magistrate, on proof of neglect or refusal to maintain the child, passes an order to
pay monthly allowance at such fixed rate as it deems fit to be paid from time to time
and to such person as the magistrate directs.
 However, the Magistrate may order the father of a minor female child referred to
in Section 125(1)(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.
 Here 'minor' means a person who, under the provisions of the Indian Majority Act,
1875 is deemed not to have attained his majority.
 A Muslim minor girl would be entitled to get maintenance from her father even after
the enforcement of Muslim Women (Protection of Rights on Divorce) Act, 1986.
 The word child is not defined in the code. It means a male or female person who has
not reached full age, i.e., 18 years as prescribed by the Indian Majority Act, 1875 and
who is incompetent to enter into any contract or to enforce any claim under the law.
Maintenance to Parents
 Section 125(1) (d) provides for maintenance to father and mother who is unable to
maintain himself or herself.
 A magistrate on proof that there has been refusal or neglect on the part of such person
who has sufficient means may order to pay monthly allowance at such fixed rate as it
thinks fit which would be paid from time to time to such person as the magistrate.
 The daughter whether married or unmarried would also be liable to maintain the
parents as the Indian society casts a duty on the children to maintain the parents and this
social obligation equally applies to a daughter.
 Section 125 of the code does not clearly state whether 'father' or 'mother' include
'adoptive father' or 'adoptive mother' or 'stepfather' or 'stepmother'.
 Though the 'mother' shall not include 'stepmother', a childless stepmother may claim
maintenance, under Section 125 of the code, from her stepson provided she is a widow
or her husband, if living, is also incapable of supporting and maintaining her and if
has natural born sons and daughters and her husband is alive and capable of earning,
she cannot claim maintenance from her stepson.
 If there are two or more children the parents may seek the remedy against anyone or more
of them, at the place or places where they live.
 Section 125 does not contemplate the mother to pay maintenance to father or
son and daughter, as the case may be.
Essential Conditions for Maintenance
 Sufficient Means to Maintain: The person from whom maintenance is claimed should
have sufficient means to maintain the person or persons claiming maintenance. The
word 'sufficient means' should not be confined to the actual pecuniary resources but
should have reference to the earning capacity.
 Neglect or Refusal to Maintain: It has to be proved that the person from whom
maintenance is claimed has neglected or refused to maintain the person claiming
maintenance.
 A Person Claiming Maintenance Must Be Unable To Maintain Himself: The
requirement to pay maintenance should be only in respect of persons who are unable to
maintain themselves.
Procedure for Maintenance
Section 126 of CrPC deals with ‘Procedure for maintenance’.
 Proceeding under Section 125 may be taken in the following district:
o Where he is, or
o Where he or his wife resides, or
o Where he last resided with his wife or mother of an illegitimate child.
  Evidence to be taken in the presence of a person against whom maintenance is to be
ordered.
 If a person is willfully avoiding summons, then ex-parte evidence is taken in that case.

Alteration in Allowance
 Section 127 CrPC provides for ‘Alteration in Allowance’. Alteration means change in
the monthly allowance, that is it may decrease or increase according to the change in
the conditions of the parties.
 According to Section 127(1) if a magistrate ordered to give allowance for maintenance
under Section 125 according to the conditions of parties at that time, but if the present
conditions of parties have changed, then he can also order to alter the allowance.
 According to Section 127(2), the Magistrate shall cancel or revoke any order given
under Section 125 by him, if it appears that it should be cancelled in consequences of any
decision of the competent Civil Court.
 According to Section 127(3), where an order has been made in favour of women under
Section 125, then the magistrate can cancel the order in the following case:
o If a woman is remarried after divorce.
o If a woman has taken allowance under any personal laws after divorce.
o If a woman has voluntary leave her right to maintenance.
 According to Section 127(4), the Civil Court shall take into account the sum which has
been paid to such person as monthly allowance for maintenance and interim
maintenance under Section 125 at the time of making any decree for the recovery of
any maintenance or dowry.
Enforcement of Order of Maintenance
 Section 128 deals with ‘Enforcement of order of maintenance’.
 A copy of the order under Section 125 is given to that person free of cost in whose
favour it is made. In case the order is in favour of children, then the copy of the
order will be given to the guardian of children.
 If any Magistrate has made an order under Section 125, then any Magistrate of India can
enforce this order where that person lives who have to give maintenance.
 The Magistrate has to satisfy two conditions before enforcement of order:
o Identity of parties, and
o Proof of non-payment of allowances.

Case Laws
 Savitaben Somabhai Bhatiya v. State of Gujarat (2005):
o The Supreme Court held that Section 125 of the Code of Criminal Procedure,
1973 has been enacted in the interest of a wife and one who wants to take the
benefit under sub-section (1)(a) of Section 125 has to establish that she is the
wife of the person concerned.
 Vikas v. State of Uttar Pradesh (2021):
o The Allahabad High Court laid down that the Magistrate has the right to alter
the amount of the maintenance to be paid, if he thinks that there is a change in
 the circumstances of the individual who has been paying or receiving the monthly
allowances.
 Mohd. Ahmed Khan v. Shah Bano Begum (1985):
o The Bench of the Supreme Court declared that a Muslim divorced
woman who cannot maintain herself is entitled to maintenance from her
former husband till the time she gets remarried.
Juvenile Justice Act – doli incapax
2-8- begging = receiving alms in public aur interein prive place.

2-33- henious – 7 +, serious 54- 3-7y , petty 45- 3max. bail is right unles contact with criminal, end justice
,dangeour.
Presumption of innocence, participation, non-waiver, no discrimination, positive measure, parents
responsibility, dignity and worth,safety,privacy, fresh start,natural justice