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Which provision of the Code of Criminal Procedure (CrPC), 1973, provides a summary legal remedy for the maintenance of spouses, children, and parents who are unable to support themselves ?

  • A.Section 320
  • B.Section 107
  • C.Section 144
  • D.Section 125

Answer: D

The provision is Section 125 of the CrPC.

Section 125 lets a Magistrate order a person with sufficient means to pay a monthly allowance to a wife, a child or a father or mother who is unable to maintain themselves. It is a summary remedy meant to prevent vagrancy and destitution, available irrespective of personal law. Under the BNSS, 2023 the same remedy now sits in Section 144.

The other sections are different: Section 320 is compounding of offences, Section 107 is security for keeping the peace, and Section 144 of the CrPC is the Magistrate's power to issue orders in urgent cases of nuisance or apprehended danger.

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