Indian Criminal Law | Updated October 2026

Section 498A IPC and Section 85 BNS: Cruelty by Husband or Relatives, Protection and Misuse

Indian criminal law protects married women from serious cruelty by a husband or his relatives. The former Section 498A of the Indian Penal Code, 1860 (IPC) is now substantially reflected in Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024. The law must protect genuine complainants while also safeguarding accused persons against unsupported allegations and unlawful arrest.

Which law applies? For conduct occurring on or after 1 July 2024, consult Sections 85 and 86 BNS. For earlier conduct, Section 498A IPC may remain relevant under repeal-and-savings and transitional principles. The applicable law depends on the dates and facts of the case.

What constitutes cruelty under Sections 85 and 86 BNS?

Section 85 BNS makes it an offence for a husband or a relative of the husband to subject a woman to cruelty. Section 86 BNS explains the meaning of cruelty for this purpose. The definition broadly covers two categories:

Grave wilful conduct: Conduct of a nature likely to drive the woman to suicide or cause grave injury or danger to her life, limb or health, whether mental or physical.
Harassment for unlawful demands: Harassment intended to coerce the woman or a person related to her to meet an unlawful demand for property or valuable security, or harassment because such a demand has not been met.

Not every marital disagreement, ordinary domestic argument or instance of incompatibility automatically meets this statutory definition. Courts assess the alleged conduct, its seriousness and the available evidence in context.

Punishment and criminal procedure

The punishment under Section 85 BNS is imprisonment for a term that may extend to three years and a fine. The offence is generally treated as cognizable subject to the statutory conditions applicable to information given by the aggrieved woman or specified relatives, and is non-bailable. Non-bailable does not mean that bail is prohibited: bail remains available through the competent court.

Relevant procedural rules are found in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), including the rules governing arrest without warrant, notice of appearance and bail. Police powers are not unlimited, and the existence of an allegation does not automatically justify arrest.

Safeguards against misuse and arbitrary arrest

Section 498A IPC was enacted to address serious abuse of married women. At the same time, courts have recognised the risk that some complaints may contain exaggerated or unfounded allegations against spouses or extended family members. Neither a complaint nor an accusation establishes guilt; criminal responsibility must be determined through due process.

Arrest is not automatic

In Arnesh Kumar v. State of Bihar (2014), the Supreme Court emphasised that police must examine the necessity of arrest in offences punishable by up to seven years and follow the applicable statutory safeguards. Those principles remain important when considering arrest under the current procedural framework. The police must comply with the BNSS and applicable judicial directions.

Allegations against relatives require scrutiny

Merely naming a parent, sibling or other relative is not proof of participation in cruelty. Courts examine the specific allegations and supporting material. In appropriate cases, accused persons may seek anticipatory bail, regular bail or quashing of proceedings under the law. Relief is fact-dependent and is not automatic.

Presumption of innocence

An accused person is presumed innocent unless proved guilty according to law. It is inaccurate to suggest that an accused person may be arrested without any legal safeguards or that every marriage-related gift is automatically unlawful dowry. Voluntary customary presents and prohibited dowry demands are assessed under the applicable law, including the Dowry Prohibition Act, 1961.

Remedies for complainants and accused persons

For women experiencing cruelty

Report the facts to the police and preserve messages, medical records, financial records and other relevant evidence.
Seek protection and other civil relief, where applicable, under the Protection of Women from Domestic Violence Act, 2005.
Consider legal remedies for maintenance, residence, protection, return of property or matrimonial relief, depending on the circumstances.
For immediate danger, contact local emergency services.

For persons facing allegedly false or exaggerated complaints

Preserve communications and documents relevant to the allegations; do not intimidate the complainant or interfere with evidence.
Respond to lawful police notices and obtain legal advice on bail and procedural protections.
Where legally justified, seek discharge or quashing of proceedings through the competent court.
Consider lawful remedies for demonstrably false statements only after reviewing the evidence and the applicable legal requirements.

Can the parties reconcile or settle?

Reconciliation may be possible, but a private settlement does not itself terminate a criminal case. Offences of this nature are generally not compoundable as of right under the ordinary statutory scheme. In suitable matrimonial disputes, a High Court may consider quashing criminal proceedings following a genuine settlement, subject to established legal principles and the seriousness of the allegations. Divorce, maintenance and criminal proceedings are distinct matters, and outcomes depend on the facts.

Frequently asked questions

Is Section 498A IPC still in force for new incidents?

For incidents from 1 July 2024 onward, Sections 85 and 86 BNS are the principal corresponding provisions. Earlier incidents may continue to require consideration of Section 498A IPC.

Can police arrest a husband immediately after a complaint?

Arrest is not automatic. Police must follow statutory conditions and safeguards, including the requirements concerning necessity of arrest and notice where applicable.

Can a complaint name the husband's parents or other relatives?

Yes, where there are factual grounds alleging their involvement. Mere relationship to the husband is not sufficient by itself to establish criminal liability.

Official legal sources and further reading

India Code - official central legislation database (search for the Bharatiya Nyaya Sanhita, 2023, Sections 85-86, and the Bharatiya Nagarik Suraksha Sanhita, 2023).
Ministry of Home Affairs - new criminal laws.
India Code - Dowry Prohibition Act, 1961 and Protection of Women from Domestic Violence Act, 2005.
Supreme Court of India - judgments and case information.

This article provides general legal information, not advice on any individual dispute. Statutory amendments, procedural rules and judicial decisions should be checked for the relevant jurisdiction and date.