Section 46 vs Section 46 of CrPC

Okay, let me tell you about this super tricky question from last year's CLAT UG question paper. "When a Magistrate has passed an order under Section 125 CrPC, can it be challenged or cancelled by the Magistrate himself, or does the order need to be challenged in the Sessions Court?"

Now, I personally find this question tricky because it requires a good understanding of the distinction between the power of a Magistrate under Section 125 CrPC and the power of the Sessions Court under Section 397 CrPC. My papa, who is a lawyer, always says that the devil lies in the details, and you need to be very careful in understanding the nuances of the law.

My approach would be to first understand the provisions of Section 125 CrPC, which deals with maintenance allowance to wives, children, and parents.