BNSS Chapter 10

BNSS Chapter 10 – Financial Support Laws for Wives, Children, and Parents in India

When families face difficulties, those most at risk—like spouses, children, and aging parents—often lack the financial backing needed for a stable life. In India, this is, unfortunately, not uncommon, especially in instances of separation, abandonment, or neglect. To address this concern, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) includes Chapter 10, which specifically addresses support entitlements for spouses, children, and parents.

This chapter modernizes and simplifies the legal steps for claiming financial support, previously found within the Criminal Procedure Code (CrPC). Now, under BNSS, these rights are more organized and simpler to implement.

Let’s examine this chapter's offerings and how BNSS Sections 144 to 147 work to safeguard dependent family members in India.

The Meaning of Financial Support and Why It Matters

In basic terms, financial support means economic aid provided by one family member to another who cannot provide for themselves. This is especially significant in situations where a husband leaves his wife without support, a father neglects his underage children, or a son refuses to support his elderly parents.

The objective behind financial support is not punishment; it's about guaranteeing no one in a family suffers lacking fundamental necessities like food, housing, and healthcare. It's a fundamental social duty that the law now takes seriously.

Section 144 – Financial Support for Spouses, Children, and Parents

This section is the core of BNSS Chapter 10. It clearly states that if someone with the financial capability fails to support their:

• Spouse who cannot support themselves,

• Minor child (whether legitimate or illegitimate),

• Adult child unable to support themselves due to a physical or mental disability,

• Or aged parent,

Then the impacted person can approach a Magistrate of the first class to seek a monthly financial allowance.

This law aids those neglected or abandoned by a family member. For instance, if a man leaves his wife and children without any financial assistance, she doesn’t have to endure silently. She can now legally ask the court for support.

The key factor here is that the person required to pay support must have sufficient means. If the court is satisfied they can afford it and still avoid supporting their dependents, it can order them to begin regular monthly payments.

There is no set maximum amount under the law. The court determines the amount based on income, needs, and living standards.

Section 145 – Steps for Claiming Support

Now that we know who can request financial support, the next question is how to request it. That's where Section 145 enters.

This section details the process to follow when applying for financial support. The objective is to keep the process as quick and efficient as possible.

Here’s how it works:

• The dependent (spouse, child, or parent) submits an application to the Magistrate.

• The Magistrate sends a notice to the person from whom support is being sought.

• Both parties are given the opportunity to present their case. This could include presenting income evidence, details of family responsibilities, or other relevant information.

• After hearing both sides, the Magistrate makes a decision.
  
  

The law also allows the court to grant interim support, temporary financial help while the case is still in progress. This is critical because many dependents can't wait months for a final order—they need immediate assistance.

In most cases, legal representation isn't even necessary. The entire system is intended to be straightforward and accessible, particularly for those lacking legal knowledge or resources.

Section 146 – Changes to the Support Amount

Life is ever-changing. Sometimes, the financial status of the person paying support changes. At other times, the needs of the person receiving support alter. Section 146 of BNSS takes this into consideration and allows for adjustments to the support order.

This means either party—the one receiving the money or the one paying—can return to court and request a change.

For instance:

• A woman receiving ₹5,000 monthly may request an increase if her rent or medical expenses increase.

• A man who loses his job and struggles to pay may request a decrease in the amount.

The court will again assess both parties' circumstances and decide what is fair. This keeps the law flexible and just in the long run.

The court can also cancel the support order if the circumstances leading to the order no longer exist. For example, if a spouse remarries or becomes financially independent, or if a child turns 18 and becomes financially independent, the court may decide continued support is no longer necessary.

Section 147 – Enforcing Support Orders

What if the court has issued an order, but the person still refuses to pay?

This is where Section 147 of BNSS becomes potent. This section deals with enforcement. If someone intentionally avoids paying support despite a court order, the court can:

• Issue a warrant to recover the unpaid amount, similar to a fine.

• Sentence the person to jail for up to one month for each month of non-payment.

However, this is not the court’s first option. Jail is viewed as a last resort when all other attempts to recover the money have failed. The aim is to encourage compliance, not to punish unnecessarily.

But this provision ensures support orders aren't ignored or treated lightly. It grants genuine power to the dependent and prevents the misuse of delays or excuses.

Why These Support Provisions Are Important for Indian Families

In a nation like India, where family responsibility is deeply ingrained in culture, it's heartbreaking when vulnerable family members are neglected. Sadly, it occurs more frequently than we’d like to admit—spouses abandoned after years of marriage, children left without support, and elderly parents forgotten by their children.

The BNSS support law offers strong legal backing to those at greatest risk. It acknowledges that emotional support must be matched with financial responsibility.

It also streamlines the legal process. You don't have to file a complex civil case or undergo divorce proceedings to seek basic financial help. BNSS Chapter 10 makes support a matter of public justice, handled by a Magistrate through a clear and simple process.

This is especially beneficial for women in rural areas, elderly parents with no steady income, and children whose fathers evade their responsibilities.

Conclusion – BNSS Chapter 10 Ensures Dignity, Not Charity

In summary, Chapter 10 of the BNSS is a much-needed legal tool for those left behind in broken families. It’s not about vengeance or blame. It's about ensuring people don't fall into poverty simply because their family has failed them.

Sections 144 to 147 of BNSS provide a fair, simple, and timely process to claim support. They specify who can claim, how to claim, how the amount can be modified, and how to ensure it is paid.

Whether you are a lawyer, social worker, or someone seeking assistance, understanding these support laws under BNSS is vital. If you or someone you know is being neglected by their spouse, parent, or child, Chapter 10 gives you the legal right to ask for support and live with dignity.