THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001
ACT NO. 50 OF 2001
[24th September, 2001.]


An Act further to amend the Code of Criminal Procedure, 1973.



BE it enacted by Parliament in the Fifty-second Year of the Republic

of India as follows:-


1.
Short title.


1. Short title.-This Act may be called the Code of Criminal Procedure

(Amendment) Act, 2001.


2.
Amendment of section 125.


2. Amendment of section 125.-In the Code of Criminal Procedure, 1973

(2 of 1974) (hereinafter referred to as the principal Act), in section

125,-



(i) in sub-section (1),-



(a) the words "not exceeding five hundred rupees in the whole," shall

be omitted;



(b) after the proviso and before the Explanation, the following

provisos shall be inserted, namely:-



"Provided further that the Magistrate may, during the pendency of the

proceeding regarding monthly allowance for the maintenance under this

sub-section, order such person to make a monthly allowance for the

interim maintenance of his wife or such child, ather or mother, and

the expenses of such proceeding which the Magistrate considers

reasonable, and to pay the same to such person as the Magistrate may

from time to time direct:



Provided also that an application for the monthly allowance for the

interim maintenance and expenses for proceeding under the second

proviso shall, as far as possible, be disposed of within sixty days

from the date of the service of notice of the applica ion to such

person.";



(ii) for sub-section (2), the following sub-section shall be

substituted, namely:-



"(2) Any such allowance for the maintenance or interim maintenance and

expenses for proceeding shall be payable from the date of the order,

or, if so ordered, from the date of the application for maintenance or

interim maintenance and expenses of proceed ng, as the case may be.";



(iii) in sub-sections (3) and (4), for the word "allowance", wherever

it occurs, the words ''allowance for the maintenance or the interim

maintenance and expenses of proceeding, as the case may be," shall be

substituted.


3.
Amendment of section 127.


3. Amendment of section 127.-In section 127 of the principal Act,-



(i) for sub-section (1), the following sub-section shall be

substituted, namely:-



"(1) On proof of a change in the circumstances of any person,

receiving, under section 125 a monthly allowance for the maintenance

or interim maintenance, or ordered under the same section to pay a

monthly allowance for the maintenance, or interim mainte ance, to his

wife, child, father or mother, as the case may be, the Magistrate may

make such alteration, as he thinks fit, in the allowance for the

maintenance or the interim maintenance, as the case may be.";



(ii) in sub-section (3), in clause (c), for the word "maintenance",

the words ''maintenance or interim maintenance, as the case may be,"

shall be substituted;



(iii) in sub-section (4),-



(a) for the words "monthly allowance has been ordered", the words

"monthly allowance for the maintenance and interim maintenance or any

of them has been ordered'' shall be substituted;



(b) for the words "as monthly allowance in pursuance of", the words

"as monthly allowance for the maintenance and interim maintenance or

any of them, as the case may be, in pursuance of'' shall be

substituted.


4.
Amendment of section 128.


4. Amendment of section 128.-In section 128 of the principal Act,-



(i) for the word "maintenance", the words "maintenance or interim

maintenance and expenses of proceeding, as the case may be," shall be

substituted;



(ii) for the words "whom the allowance", the words "whom the allowance

for the maintenance or the allowance for the interim maintenance and

expenses of proceeding, as the case may be," shall be substituted;



(iii) for the words "allowance due", the words "allowance, or as the

case may be, expenses, due" shall be substituted.