Section 498A of the Indian Penal Code punished a husband or his relatives for cruelty to a wife. From 1 July 2024, the same offence is in Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS). Section 85 is the offence and the punishment. Section 86 defines what “cruelty” means. Complaints registered before 1 July 2024 continue under 498A IPC.
The law exists because cruelty and dowry harassment inside marriages are real, and a woman facing them needs a criminal remedy. Courts have also said, many times, that the section is sometimes used to pressure a husband’s family during a marriage dispute. Both things are true. This article explains how the offence works, what safeguards the courts have built around arrest, and how a case that a family believes is false is defended in court.
What Sections 85 and 86 BNS cover
Section 85 BNS applies when the husband of a woman, or a relative of the husband, subjects her to cruelty. The punishment is imprisonment that may extend to three years and a fine.
Section 86 defines cruelty in two parts:
- wilful conduct of a kind likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, mental or physical
- harassment to force her or her relatives to meet an unlawful demand for property or valuable security, such as dowry, or because of a failure to meet such a demand
The offence is cognizable, so the police can register an FIR and investigate without a magistrate’s order. It is non-bailable, which means bail is not automatic and is decided by a court. It is non-compoundable, so the parties cannot simply settle it between themselves and close the case. That last point matters later, when a couple reconciles or divorces by consent.
In Kannada, people usually call these cases ವರದಕ್ಷಿಣೆ ಕಿರುಕುಳ (dowry harassment) cases, though the section also covers cruelty that has nothing to do with dowry.
If a woman dies within seven years of marriage in suspicious circumstances and there is evidence of dowry harassment, the charge is usually the separate and more serious offence of dowry death, which is beyond this article.
How a 498A case usually starts in Bengaluru
A complaint is given at the police station that has jurisdiction, often the station where the wife now lives. Some complaints first go to a women’s police station or a counselling cell, where the police may call both families and try for a settlement before deciding to register an FIR. Practice varies between stations.
Once an FIR is registered, the husband and the named relatives become accused persons. The police investigate, record statements, and may collect medical records, messages and other documents. At the end, they file a charge sheet in the magistrate’s court or a closure report.
Arrest is not automatic: Arnesh Kumar and Section 35 BNSS
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court said the police should not arrest in 498A cases as a routine step. For offences punishable with up to seven years, the officer must be satisfied that arrest is actually necessary, for example to prevent further offences, to stop evidence being tampered with, or to make sure the accused appears in court, and must record the reasons. Magistrates were told not to authorise detention mechanically.
Where arrest is not necessary, the police must instead issue a notice of appearance. This was Section 41A CrPC. Under the new law, it is Section 35(3) BNSS. The person must appear at the police station when called and cooperate. As long as they comply, arrest is ordinarily not made without fresh reasons.
If you receive such a notice, go on the date given and take an advocate’s advice before you do. Ignoring it is one of the few things that can turn a manageable case into an arrest.
Family welfare committees: a changing history
In Rajesh Sharma v. State of U.P. (2017), a two-judge bench of the Supreme Court directed that 498A complaints be first referred to district family welfare committees before any arrest. In Social Action Forum for Manav Adhikar v. Union of India (2018), a three-judge bench modified that judgment and held that the family welfare committee direction was not permissible, while keeping other safeguards in place.
The question came back in Shivangi Bansal v. Sahib Bansal (July 2025). The Supreme Court said that guidelines framed by the Allahabad High Court in 2022, which provide a two-month cooling period after an FIR and a referral to a family welfare committee, shall remain in effect and be implemented by the appropriate authorities. How far these steps are applied by police in Karnataka in a given case is something to check with your advocate at the time, because the position has changed more than once.
Anticipatory bail
If an FIR has been registered, or you have good reason to believe one will be, the accused can apply for anticipatory bail under Section 482 BNSS (earlier Section 438 CrPC). For Bengaluru city, this is usually filed first in the Sessions Court, and then in the High Court of Karnataka if refused.
Courts commonly grant anticipatory bail in 498A cases with conditions, such as appearing before the investigating officer when called, not contacting the complainant, and not leaving the country without permission. Relatives who live separately and have only general allegations against them are often in a stronger position than the husband. Our article on anticipatory bail in Bangalore explains the procedure and documents.
Quashing under Section 528 BNSS
The High Court of Karnataka has inherent power to quash an FIR or a criminal case to prevent abuse of the process of law. This was Section 482 CrPC. It is now Section 528 BNSS.
Quashing is used sparingly. The High Court does not hold a mini-trial. It looks at whether the complaint, read as it is, discloses an offence at all. Common grounds include:
- allegations against distant relatives that are vague and give no dates, acts or details
- a complaint filed long after the couple separated, in response to a divorce notice, with nothing specific in it
- a full settlement between the husband and wife, where continuing the criminal case serves no purpose
Because 498A is non-compoundable, a couple who settle cannot just withdraw the case at the police station or the magistrate’s court. A joint petition for quashing in the High Court is the usual route.
Mediation and settlement
Most 498A cases run alongside a family court case: divorce, maintenance, custody or a domestic violence petition. Courts often refer the couple to mediation. A settlement reached there can cover all the cases together: permanent alimony, return of stridhan and jewellery, custody, withdrawal of the divorce or maintenance case, and a joint request to the High Court to quash the criminal case. Our page on family court and 498A cases covers how these matters fit together.
How a false case is defended
“False” is a word families use. The court uses different questions: is there evidence, and is it believable? Defence work usually involves:
- getting anticipatory bail early, and appearing whenever the police call
- collecting a timeline: the marriage date, when the couple separated, earlier complaints, messages and emails
- showing where allegations are general and do not name any specific act by a specific person
- documenting who lived where, especially for relatives who never shared the house
- cross-examining witnesses at trial on inconsistencies between the complaint, the FIR and later statements
Do not threaten, contact or post about the complainant. That can be used against you and can lead to bail being cancelled.
If you are the woman facing cruelty
The law is there for you. You can give a complaint at your local police station or a women’s police station. Apart from the criminal case, you can apply under the Domestic Violence Act for protection, residence and monetary orders, and for maintenance for yourself and your children. In an emergency, call 112.
Questions people ask
What is the new section for 498A in BNS?
498A IPC is now Sections 85 and 86 of the Bharatiya Nyaya Sanhita, in force from 1 July 2024. Section 85 sets out the offence and punishment, and Section 86 defines cruelty.
Is 498A bailable or non-bailable?
It is cognizable and non-bailable. Bail is decided by the court, and anticipatory bail under Section 482 BNSS is commonly sought by the accused.
Can the police arrest immediately in a 498A case?
Arrest is not supposed to be automatic. Under the Arnesh Kumar guidelines and Section 35 BNSS, the police must record why arrest is necessary, and otherwise issue a notice to appear.
Can a 498A case be withdrawn after a compromise?
Not directly, because the offence is non-compoundable. After a settlement, the usual route is a petition in the High Court of Karnataka under Section 528 BNSS to quash the case.
What is 498A in Kannada?
It is usually called a ವರದಕ್ಷಿಣೆ ಕಿರುಕುಳ (dowry harassment) case, though the section covers any cruelty by a husband or his relatives, not only dowry demands.
Talk to us about your matter
Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.
This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.