Procedure.

1. (1) Proceedings under section 125 may be taken against any person in any district--
   • (a) where he is, or
   • (b) where he or his wife resides, or
   • (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
2. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.
3. (3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just. STATE AMENDMENT Andhra Pradesh and Telangana.-- Amendment of section 126--In the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) in section 126, in sub-section (1), for clause (b), the following shall be substituted, namely:-- "(b) where he or his wife resides, or where his parents or children resides, or;" [Vide Andhra Pradesh Act 18 of 2007, s. 2]

¹ Ins. by Act 13 of 2013, s. 24 (w.e.f. 3 -2-2013). 161 Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act. Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Magistrate of the first class. 162 Taking a gratification in order, by corrupt or illegal means, to influence a pu blic servant. Ditto Ditto Ditto Ditto. 163 Taking a gratification for the exercise of personal influence with a public servant. Simple imprisonment for 1 year, or fine, or both. Ditto Ditto Ditto. 164 Abetment by public servant of the offences defin ed in the last two preceding clauses with reference to himself. Imprisonment for 3 years, or fine, or both. Ditto Ditto Ditto. 165 Public servant obtaining any valuable thing, without consideration, from a person concerned in any proceeding or business t ransacted by such public servant. Ditto Ditto Ditto Ditto. 165A Punishment for abetment of offences punishable under section 161 or section 165. Ditto Ditto Ditto Ditto. 166 Public servant disobeying a direction of the law with intent to cause injury to any person. Simple imprisonment for 1 year, or fine, or both. Non-cognizable Bailable Ditto. 1[166A Public servant disobeying direction under law Imprisonment for minimum 6 months which may extend to 2 years and fine. Cognizable Baila ble Magistrate of the first class 166B Non-treatment of victim by hospital Imprisonment for 1 year or fine or both. Non-cognizable Bailable Magistrate of the first class.] 167 Public servant framing an incorrect document with intent to cause injury. Imprisonment for 3 years, or fine, or both. Cognizable Ditto. Ditto. 168 Public servant unlawfully engaging in trade. Simple imprisonment for 1 year, or fine, or both. Non-cognizable Ditto Ditto. 169 Public servant unlawfully buying or bidding for property. Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased. Ditto. Ditto. Ditto. 170 Personating a public servant. Imprisonment for 2 years or fine, or both . Cognizable Non-bailable Any Magistrate. 171 Wearing garb or carrying token used by public servant with fraudulent intent. Imprisonment for 3 months, or fine of 200 rupees, or both. Ditto Bailable Ditto.

¹ Ins. by Act 25 of 2005, s. 42 (w.e.f. 23 -6-2006).

² Subs. by Act 25 of 2005, s. 42, for the word ―Ditto‖ , for the respective entries in column 4 and 5 relating to s.175 (w.e.f. 23 -6-2006).

¹ Ins. by Act 2 of 2006, s. 7 (w.e.f. 16 -4-2006).

² Subs. by Act 2 of 2006, s. 7 for the word ―Ditto‖ , occurring in column 4 relating to s.1 96 (w.e.f. 16 -4-2006).

¹ Ins. by Act 43 of 1983, s. 5 (w.e.f. 25.12.1983).

² Ins. by Act 25 of 2005, s. 42 (w .e.f. 23 -6-2006).

¹ Subs. by Act 25 of 2005, s. 42( f)(i), for the word ―Ditto‖ , occurring in column 5 rel ating to s. 274 (w.e.f. 23 -6-2006).

² Subs. by Act 25 of 2005, s. 42 (f) (ii), for the word ―Ditto‖, occurring in column 5 relating to s. 275 (w.e.f. 23 -6-2006).

¹ Ins. by Act 43 of 1986, s. 11 (w.e.f. 19.11.1986).

¹ Ins. by Act 13 of 2013, s. 24 (w.e.f. 3 -2-2013).

² Subs. by Act 25 of 2005, s. 42( f)(v), occurring in column 5, relating to s. 332, for ―Bailable‖ (w.e.f. 23 -6-2006).

³ Subs . by Act 25 of 2005, s. 42 (f)(vi), occurring in column 5, relating to s. 333, for ―Non -bailable‖, (w.e.f. 23 -6-2006).

¹ Subs. by Act 25 of 2005, s. 42 (f) (vii), occurring in column 5, relating to s. 353, for ―Ditto‖ (w.e.f. 23 -6-2006).

² Subs. by Ac t 13 of 2013, s. 24, f or entry relating to s. 354 (w.e.f. 3 -2-2013).

¹ Ins. by Act 42 of 1993, s. 4, (w.e.f. 22 -5-1993).

² Subs . by Act 13 of 2013, s. 24, for entries relating to s . 370 (w.e.f. 3 -2-2013).

¹ Subs. by Act 13 of 2013, s. 24, for entries relating to ss. 376, 3 76A, 376B, 376C and 376D (w.e.f. 3 -2-2013).

² Subs. by Act 22 of 2018, s. 24, for entry 376 (w.e.f. 21 -4-2018).

³ Ins. by Act 22 of 2018, s. 24 (w.e.f. 21 -4-2018).

¹ Ins. by Act 22 of 2018, s. 24 (w.e.f. 21 -4-2018).

² Subs. by Act 30 of 2001, s. 3 and the Sec ond Sch., for the entries relating to s. 377 (w.e.f. 3 -9-2001).

¹ Ins. by Act 46 of 1983, s. 6 (w.e.f. 25 -12-1983).

¹ Subs . by Act 13 of 2013, s. 24, for the word ―Simple imprisonment for 1 year, or fine, or both ,‖ occurring made in column 3, relating to s. 509 (w.e.f. 3 -2-2013).

¹ Subs. by Act 45 of 1978, s. 35, for ―MAGISTRATE‖.

² Subs. by Act 45 of 1978, s. 35, for ―( See sections 248 and 355)‖ (w.e.f. 18 -12-1978).

¹ Subs. by Act 45 of 1978, s. 35 for ―(See section 386)‖ (w.e.f. 18 -12-1978).

² Subs. by Act 45 of 1978, s. 35, for ―( See section 414)‖ (w.e.f. 18 -12-1978).

¹ Ins. by Act 45 of 1978, s. 35 (w.e.f. 18 -12-1978).

² Ins. by Act 25 of 2005, s. 43 (w.e.f. 23 -6-2006).

³ Ins. by Act 5 of 2009, s. 32 (w.e.f. 31 -12-2009).

¹ Ins. by Act 45 of 1978, s. 35 (w. e.f. 18 -12-1978).