Order passed under Section 23 of the Act cannot be implemented under Section 31 of the Act.

Order passed under Section 23 of the Act cannot be implemented under Section 31 of the Act.

Manoj Anand vs State Of UP and Anr

Allahabad HC

10/02/2012

CRIMINAL REVISION No. - 635 of 2011; CRIMINAL MISC. WRIT PETITION No. - 17658 of 2010

About/from the judgment:

Order passed under Section 23 of the Act cannot be implemented under Section 31 of the Act. The Act is punitive in nature and the provisions are to be construed strictly.

 

For this purpose power has been given in the Act itself. Section 28 of the Act provides for procedure and says that all proceedings under sections 12, 18, 19, 20, 21 and 23 shall be governed by the provisions of Criminal Procedure Code. Sub section (2) of section 28 further enables the Court to lay down its own procedure for disposal of an application under sub section (2) of section 23 of the Act. This gives sufficient indication as to how application u/s 23 will be dealt with and how the orders passed thereon will be enforced. While section 20 (1) (d) contains provision for maintenance. Sub section (4) (5) and (6) of section 20 provide for mechanisum to ensure compliance of order for maintenance.

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