- (1.) Yesterday (22-11-2010) we had passed an order in this case, but subsequently Ms. Kamini Jaiswal, whom we had requested to be Amicus Curiae in this case, informed us that the above order requires some modification. We agree with this submission, and accordingly we are modifying the order passed yesterday.
(2.) It appears that in the original Code Criminal Procedure of 1973 the maximum maintenance which could be granted by the Magistrate under Section 125 Code of Criminal Procedure was Rs. 500/- per month. Subsequently by the Code Criminal Procedure (Amendment) Act of 2001 enacted by Parliament the words "not exceeding five hundred rupees in the whole" in Section 125 were deleted w.e.f. 24.9.2001.
(3.) In the Statement of Objects to the Act of 2001 it was stated: The ceiling of rupees five hundred per month for maintenance allowance was prescribed in the year 1955 in Section 488 of the Code of Criminal Procedure, 1898. A ceiling of rupees five hundred was prescribed in Section 125 of the Code Criminal Procedure, 1973 on the lines of Section 488 of the Code Criminal Procedure, 1898 which has since been repealed. In view of the cost of living index continually rising, retention of a maximum ceiling is not justified. If a ceiling is prescribed and retained, it would require periodic revision taking into account the inflation and rise in the cost of living as well as amendment of provisions of the Act from time to time. This would necessarily be time consuming. Accordingly, it is also proposed to amend Section 125 and make consequential changes in Section 127 of the Code Criminal Procedure to remove the ceiling of maintenance allowance. ;