A COMPARATIVE STUDY OF THE MAINTENANCE PROVISIONS IN THE BNSS, 2023 WITH PERSONAL FAMILY LAWS IN INDIA

The right to maintenance is a cornerstone of social justice and human dignity, ensuring the economic security of dependents who lack independent means of sustenance. Historically located within Section 125 of the Code of Criminal Procedure, 1973 (CrPC)1, this right has undergone reinterpretation with the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). While the BNSS largely retains the framework of its predecessor, it introduces structural refinements and a renewed emphasis on accessibility and procedural efficiency. This paper undertakes a comparative analysis of maintenance provisions under the BNSS and corresponding rights under personal family laws, including Hindu, Muslim, Christian, and Parsi systems. It examines how courts have harmonized secular and religious principles, especially in light of evolving constitutional jurisprudence on gender equality, dignity, and social welfare.