BNSS Section 146 Explained: A Complete Guide to Alteration in Maintenance Allowance
The Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the old Criminal Procedure Code (CrPC), modernizing India’s criminal justice system. Among its important provisions are those dealing with maintenance, which protect wives, children, and parents who are financially dependent.
Under BNSS Section 144, a Magistrate can order a person to pay monthly maintenance or interim maintenance to their wife, child, or parents if they neglect or refuse to support them. But life is not static—circumstances often change.
This is where BNSS Section 146 comes into play. It gives the Magistrate the power to alter, vary, or cancel the maintenance allowance when a change in circumstances occurs.
This article will explain, in simple words, what BNSS Section 146 means, when it applies, and how it affects both the person receiving and the person paying maintenance.
We will also look at the link between this section and civil court decisions, as well as special rules for divorced women.
Understanding BNSS Section 146
BNSS Section 146 is a continuation of the protection offered by Section 144. While Section 144 establishes the right to maintenance, BNSS Section 146 ensures that the allowance remains fair and relevant to the current situation of both parties.
It recognizes that over time, financial or personal circumstances can change—someone might lose their job, get a promotion, remarry, or experience major health issues. In such cases, it would be unfair to continue with the same maintenance amount.
Therefore, BNSS Section 146 allows the Magistrate to increase, decrease, or cancel the allowance, depending on what is just and reasonable.
1. Change in Circumstances (Section 146(1))
The first part of BNSS Section 146 explains that if there is proof of a change in the circumstances of either the person paying or the person receiving maintenance, the Magistrate may alter the amount.
This change can apply to both:
Maintenance (the final, regular monthly allowance), and
Interim maintenance (temporary support granted while the case is still ongoing).
The phrase “change in circumstances” covers a wide range of situations. Here are some examples:
The person paying maintenance loses their job or suffers a major financial loss.
The person receiving maintenance gets a job or starts earning a stable income.
The child for whom maintenance was granted reaches adulthood and can now support themselves.
The cost of living or medical expenses increases significantly, requiring a higher allowance.
In any of these situations, either party can approach the Magistrate and ask for a change in the order. The Magistrate will review the evidence and decide whether to raise, lower, or cancel the allowance.
This makes BNSS Section 146 flexible and fair. It ensures that maintenance orders remain suitable for the current situation and do not become burdensome or unjust over time.
2. Impact of Civil Court Decisions (Section 146(2))
The second part of BNSS Section 146 deals with cases where a civil court—that is, a family court or other competent court—makes a decision that affects a maintenance order issued under Section 144.
For example, suppose a civil court grants a divorce decree or settles property rights between a couple. If that decision changes the basis on which the maintenance order was made, then the Magistrate must review the earlier order.
According to Section 146(2), when it appears to the Magistrate that a civil court’s judgment makes it necessary, he shall cancel or vary the maintenance order accordingly.
This ensures that there is no conflict between the decisions of criminal courts (which grant maintenance under Section 144) and civil courts (which handle divorce, property, and family disputes).
In short, BNSS Section 146 keeps the legal process consistent and prevents double benefits or contradictory orders.
3. Rules for Divorced Women (Section 146(3))
This is one of the most detailed parts of BNSS Section 146. It deals specifically with women who have been divorced and who were earlier receiving maintenance under Section 144.
Once a woman is divorced, her circumstances may change in ways that affect her eligibility for continued maintenance. The Magistrate must examine such changes carefully and decide whether the order should continue, be reduced, or be canceled.
According to BNSS Section 146(3), the Magistrate must cancel the maintenance order in the following situations:
(a) If the woman has remarried after divorce
If the Magistrate finds that the woman has remarried, the maintenance order must be canceled from the date of her remarriage.
The reasoning is simple—once remarried, the financial responsibility for her support shifts to her new husband.
(b) If the woman has received a full settlement amount at the time of divorce
In some communities or personal laws, a woman receives a one-time settlement or “divorce payment” at the time of divorce.
If it is proven that she has already received the entire sum due to her under her personal or customary law, the Magistrate must cancel the maintenance order:
From the date of the original order, if the amount was paid before the order was made.
From the date the paid period ends, if the amount was received later.
This prevents double recovery and ensures fairness for both sides.
(c) If the woman has voluntarily surrendered her right to maintenance after divorce
Sometimes, after divorce, a woman may voluntarily give up her right to receive maintenance. This could happen through a mutual settlement or written agreement.
If the Magistrate is satisfied that she willingly surrendered her right, he must cancel the maintenance order from that date.
This part of BNSS Section 146 makes sure that maintenance orders respect the free will of both parties and do not continue unnecessarily once circumstances change.
4. Adjustment of Maintenance in Civil Suits (Section 146(4))
The last part of BNSS Section 146 ensures coordination between civil and criminal proceedings involving maintenance.
When a civil court later issues a decree for recovery of maintenance or dowry, it must take into account any amount already paid under Section 144.
In simple terms, if a person has already received maintenance through a Magistrate’s order, the civil court will deduct that amount from the total it orders to be paid.
This avoids duplication and ensures that the claimant does not receive the same money twice under different proceedings.
Importance of BNSS Section 146
BNSS Section 146 plays a vital role in keeping the maintenance system flexible, fair, and realistic. It recognizes that life circumstances are always changing.
Here are the main reasons this section is important:
Ensures Fairness Over Time – Maintenance orders are not permanent. They can be changed if financial or personal situations change, ensuring justice for both sides.
Prevents Misuse – If a person’s financial status improves or if a dependent remarries or becomes self-sufficient, maintenance can be reduced or canceled.
Keeps Legal Orders Consistent – It prevents conflict between criminal and civil court decisions.
Encourages Honesty – Parties are more likely to report changes in circumstances truthfully when they know the law allows adjustment.
In short, BNSS Section 146 ensures that maintenance laws remain living and responsive to real-life changes.
Example 1:
A man was ordered to pay his elderly parents ₹10,000 per month. Later, he retires and his pension reduces drastically. Under BNSS Section 146, he can request the Magistrate to reduce the maintenance amount based on his new income.
Example 2:
A wife receiving maintenance gets a well-paying job. The husband can apply under BNSS Section 146 to decrease or stop the maintenance, since her financial circumstances have improved.
Example 3:
A divorced woman remarries after receiving maintenance under Section 144. Once the Magistrate confirms her remarriage, the maintenance order will be canceled from that date, as per BNSS Section 146(3)(a).
These examples show how the law adapts to changing realities in a fair way.
Frequently Asked Questions (FAQ)
1. What is BNSS Section 146 about?
BNSS Section 146 allows a Magistrate to alter, vary, or cancel a maintenance order made under Section 144 when circumstances change.
2. Who can apply for alteration under BNSS Section 146?
Either the person receiving maintenance or the person paying it can apply if they can prove a change in circumstances.
3. Can maintenance be increased as well as decreased under BNSS Section 146?
Yes. The Magistrate can increase, decrease, or cancel the amount depending on the situation.
4. What happens if the woman remarries after receiving maintenance?
The Magistrate must cancel the maintenance order from the date of her remarriage, as provided in BNSS Section 146(3)(a).
5. Does BNSS Section 146 apply to interim maintenance too?
Yes. The section covers both final and interim maintenance allowances.
BNSS Section 146 ensures that maintenance orders remain fair, realistic, and adaptable to the changing lives of those involved. It balances compassion with practicality—protecting dependents without unfairly burdening those who pay.
By allowing the Magistrate to revise or cancel orders when necessary, BNSS Section 146 keeps the law aligned with real-world changes such as remarriage, employment, or financial hardship.
Together with Sections 144 and 145, it completes the maintenance framework of the BNSS, making it both humane and flexible.
Anyone affected by changing circumstances in a maintenance case should consult a legal professional to understand how BNSS Section 146 applies to their situation and to ensure their rights are protected under the law.
