Section 128 Code of Criminal Procedure, 1973

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Section 128 Code of Criminal Procedure, 1973 – Crpc Sec 128

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128. Enforcement of order of maintenance.—A copy of the order of 1[maintenance or interim maintenance and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be, expenses, due].

1. Subs. by s. 4, Act 50 of 2001., for “maintenance” (w.e.f. 24-9-2001).  

2. Subs. by s. 4, ibid., for “whom the allowance” (w.e.f. 24-9-2001).

3. Subs. by s. 4, ibid., for “allowance due” (w.e.f. 24-9-2001).  

STATE AMENDMENT

Andhra Pradesh and Telangana

Amendment of section 128.—In section 128 of the principal Act, the expression “where the person against whom it is made, may be,” shall be omitted. [Vide Andhra Pradesh Act 18 of 2007, s. 3]

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