Section 146 BNSS, 2023 — Alteration in Allowance

Introduction

Section 146 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a Magistrate to alter the amount of maintenance allowance previously granted under Section 144. The provision recognises that the financial circumstances of the parties may change over time, making it necessary to increase, decrease, or modify the maintenance amount to ensure fairness.

This section is the BNSS equivalent of the former Section 127 of the Code of Criminal Procedure, 1973 (CrPC) and continues the principle that maintenance orders are not immutable but remain subject to judicial revision based on changing circumstances.

Meaning of Alteration in Allowance

Alteration in allowance means the modification of a maintenance order already passed by a Magistrate. The alteration may involve:

• Increasing the monthly maintenance amount.
• Reducing the allowance.
• Cancelling the allowance in circumstances recognised by law.
• Varying the order after a relevant civil court decision.

The power is exercised only by a competent Magistrate upon proof of circumstances justifying the alteration.

Statutory Basis

Relevant Provision: Section 146, Bharatiya Nagarik Suraksha Sanhita, 2023

Connected Provision: Section 144 BNSS (Order for maintenance of wives, children and parents)

Section 146 supplements Section 144 by providing a mechanism to revise an existing maintenance order instead of requiring fresh proceedings.

Object and Purpose

The provision seeks to ensure that maintenance remains just, reasonable, and responsive to changing realities. Its objectives include:

• Protecting dependants against inflation and rising living expenses.
• Preventing hardship where the payer’s financial capacity substantially changes.
• Allowing courts to correct maintenance orders when civil rights are subsequently determined.
• Maintaining fairness between the claimant and the person liable to pay maintenance.

Scope of Section 146

Section 146 applies only where:

• A valid maintenance order has already been passed under Section 144.
• A party proves a material change in circumstances or another statutory ground for alteration.
• The Magistrate is satisfied that modification is legally justified.

The provision covers maintenance granted to:

• Wife
• Children
• Father or mother

Grounds for Alteration of Maintenance

A Magistrate may alter the allowance on the following grounds.

1. Change in Circumstances

The most common ground is a material change in the financial or personal circumstances of either party.

Examples include:

• Increase in the cost of living.
• Rise or reduction in the income of the person paying maintenance.
• Serious illness or disability affecting earning capacity.
• Increased educational or medical expenses of a child.

The change must be substantial and not merely temporary.

2. Decision of a Civil Court

If a competent civil court subsequently determines the rights or status of the parties in a manner affecting maintenance, the Magistrate may vary or cancel the earlier maintenance order so that it conforms to the civil court’s decision.

3. Remarriage of the Wife

Where maintenance was granted to a wife and she remarries, the Magistrate may cancel the maintenance allowance from the date permitted by law, since the statutory entitlement ordinarily ceases upon remarriage.

Procedure for Alteration

1. Application: An interested party files an application before the Magistrate seeking modification.
2. Notice: The opposite party receives notice and an opportunity to respond.
3. Evidence: Both parties may produce evidence regarding income, expenses, or changed circumstances.
4. Judicial Satisfaction: The Magistrate evaluates whether the statutory grounds are established.
5. Order: The Magistrate may increase, reduce, vary, or cancel the maintenance allowance.

The order must be based on evidence rather than mere allegations.

Powers of the Magistrate

Under Section 146, the Magistrate may:

• Increase the monthly maintenance allowance.
• Reduce the amount where circumstances justify.
• Cancel maintenance on legally recognised grounds.
• Modify the order to give effect to a civil court’s determination.

These powers are judicial and must be exercised after hearing both parties.

Rights of the Parties

Rights of the Claimant

The person receiving maintenance has the right to:

• Seek enhancement due to increased living costs.
• Present evidence of financial need.
• Be heard before any reduction or cancellation is ordered.

Rights of the Respondent

The person liable to pay maintenance has the right to:

• Apply for reduction upon genuine financial hardship.
• Challenge claims of increased maintenance.
• Produce evidence regarding income and liabilities.

Essential Conditions

Before altering maintenance, the Magistrate should be satisfied that:

• A valid maintenance order already exists.
• The application is maintainable.
• There is a genuine and material change in circumstances or another statutory ground.
• Both parties receive a fair opportunity of hearing.
• The alteration is supported by evidence.

Important Distinctions

Section 144 and Section 146 BNSS

Section 144 creates the initial right to obtain maintenance and empowers the Magistrate to pass the original maintenance order.

Section 146 deals with the modification of that existing order when circumstances subsequently change. It does not create a fresh maintenance claim.

Enhancement and Cancellation

Enhancement increases the maintenance amount to reflect greater financial need or increased earning capacity of the respondent.

Cancellation completely terminates the maintenance entitlement, but only on grounds recognised by law, such as remarriage or other statutory circumstances.

BNSS and CrPC

Section 146 BNSS substantially corresponds to Section 127 CrPC.

The core legal principles remain unchanged:

• Maintenance orders may be altered upon proof of changed circumstances.
• Civil court decisions may require modification of maintenance.
• Remarriage of the wife may result in cancellation of maintenance.

The principal change is the renumbering of the provision within the BNSS framework.

Constitutional Connection

Section 146 advances the constitutional goal of social justice reflected in:

• Article 14: Fair and non-arbitrary judicial treatment.
• Article 21: Protection of dignity and livelihood through reasonable maintenance.
• Article 39A: Access to justice by enabling judicial modification of maintenance orders when circumstances change.

Illustrative Example

A Magistrate grants a wife maintenance of ₹8,000 per month under Section 144. Three years later, the husband’s salary doubles while the cost of living has substantially increased. The wife applies under Section 146, and after examining the evidence, the Magistrate enhances the maintenance to a higher reasonable amount.

Important BNSS Provisions

• Section 144: Order for maintenance of wives, children and parents.
• Section 145: Procedure for maintenance proceedings.
• Section 146: Alteration in maintenance allowance.

Quick Revision

• Section: 146 BNSS, 2023
• Subject: Alteration in maintenance allowance
• Applies to: Existing maintenance orders under Section 144
• Main grounds: Change in circumstances, civil court decision, remarriage of the wife
• Authority: Magistrate
• Possible orders: Increase, reduce, vary, or cancel maintenance
• Nature: Judicial modification after hearing both parties

ALSO READ: Section 145 – Procedure

Conclusion

Section 146 of the BNSS ensures that maintenance orders remain equitable throughout changing economic and personal circumstances. By empowering Magistrates to revise existing maintenance allowances on established legal grounds, the provision balances the welfare of dependants with the financial realities of the person liable to maintain them, thereby promoting substantive fairness in criminal procedural law.