STATE AMENDMENTS of CrPC : STATE AMENDMENTS

Explanation using Example

Example 1:

Scenario: Ramesh, a resident of Madhya Pradesh, has been neglecting his elderly grandparents who are unable to maintain themselves.

Application of the Act:

• Ramesh's grandparents can file a petition under Section 125 of the Code of Criminal Procedure, 1973, as amended by the Madhya Pradesh Act.
• The Magistrate, upon proof of neglect, can order Ramesh to pay a monthly allowance for their maintenance.
• The amount ordered can be any reasonable sum as the Magistrate deems fit, without a specific upper limit, unlike the previous cap of three thousand rupees.
• However, Ramesh's grandparents are only entitled to this allowance if their sons or daughters (Ramesh's parents) are not alive and they are unable to maintain themselves.

Example 2:

Scenario: Sita, a resident of West Bengal, is seeking immediate financial support from her estranged husband for herself and their minor child during the ongoing maintenance proceedings.

Application of the Act:

• Sita can apply to the Magistrate for interim relief under Section 125 of the Code of Criminal Procedure, 1973, as amended by the West Bengal Act.
• The Magistrate, upon assessing the need for immediate relief, can order Sita's husband to pay a reasonable monthly allowance and the necessary expenses of the proceeding.
• This interim relief is provided to ensure that Sita and her child are supported financially during the duration of the legal proceedings.
• The previous cap of one thousand and five hundred rupees has been omitted, allowing the Magistrate to decide a reasonable amount based on the husband's income and the needs of Sita and her child.