The offence
Section 498A of the Indian Penal Code, now Section 85 of the Bharatiya Nyaya Sanhita, 2023, punishes a husband or his relative who subjects a woman to cruelty with imprisonment up to three years and a fine. Section 86 of the BNS carries the definition of cruelty, which includes wilful conduct likely to drive a woman to suicide or cause grave injury, and harassment intended to coerce her or her relatives to meet unlawful demands for property. The offence is cognizable and non-bailable.
Related provisions
Allegations frequently accompany charges under the Dowry Prohibition Act, 1961, criminal breach of trust over streedhan and, in severe cases, the dowry death provision in Section 80 of the BNS. Complainants often file these alongside matrimonial and Domestic Violence Act proceedings.
Arrest safeguards
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed police not to arrest automatically in offences punishable by up to seven years and to record reasons for any arrest. The BNSS retains this approach through the notice of appearance provisions in Section 35. The Court in Social Action Forum for Manav Adhikar v. Union of India (2018) also modified earlier directions that required family welfare committees, leaving the police and courts to apply the Arnesh Kumar safeguards.
Concern about over-implication
The Supreme Court has warned in cases such as Preeti Gupta v. State of Jharkhand (2010), Kahkashan Kausar v. State of Bihar (2022) and Dara Lakshmi Narayana v. State of Telangana (2024) against including distant relatives on vague or omnibus allegations. Courts have quashed proceedings where the complaint does not disclose specific acts by each accused.
If you are the complainant
Preserve messages, medical records, photographs and witnesses. Specific dates, acts and persons involved make a complaint stronger. Consider parallel remedies such as maintenance, residence rights and protection orders.
If you are the accused
Do not ignore a police notice. Seek legal advice immediately about anticipatory bail, quashing under Section 528 of the BNSS before the High Court where warranted, and settlement possibilities. Courts have recognised that this offence can be settled in appropriate cases, particularly when the matrimonial dispute is resolved.
Frequently Asked Questions
Q. Is Section 85 BNS the same as Section 498A IPC?
A. Substantively yes. The BNS renumbered and reorganised the provision, with cruelty defined in Section 86, but offences committed before 1 July 2024 continue to be dealt with under the IPC.
Q. Can a Section 498A case be quashed after settlement?
A. The High Court has power to quash proceedings in appropriate cases, especially where the parties have settled and the continuation of the case would serve no purpose.
Disclaimer: This article is for general information only and is not legal advice. The law may change, and the facts of each matter differ.