What is Section 498A (now BNS Section 85)?
BNS Section 85 punishes a husband or his relative who subjects a woman to cruelty. It replaced Section 498A IPC when the Bharatiya Nyaya Sanhita 2023 came into force on 1 July 2024. The BNSS First Schedule lists the punishment as imprisonment for three years and fine.
You do not have to wait for a case to be filed to get help. Call 112 (police emergency) or the women's helpline 181. You can also ask a Magistrate for a protection order under the Protection of Women from Domestic Violence Act 2005 — that route is designed to stop the harm quickly, separately from any criminal case.
The Bharatiya Nyaya Sanhita 2023 (Act 45 of 2023) replaced the Indian Penal Code with effect from 1 July 2024. The old offence under Section 498A IPC was carried into the new code with a new number. In the official arrangement of sections, Section 85 is headed "Husband or relative of husband of a woman subjecting her to cruelty" and Section 86 is headed "Cruelty defined".
A common source of confusion is Section 84, which is a different offence altogether — enticing, taking away or detaining a married woman. If you are reading a document that mentions the cruelty offence, the numbers you want are 85 and 86.
Two points about how this provision fits into the wider law:
- Dowry is separately prohibited. The Dowry Prohibition Act 1961 (Act 28 of 1961) is "an Act to prohibit the giving or taking of dowry". A dowry-related complaint may involve that Act as well as the BNS.
- Old cases still say "498A". Conduct dealt with before the new code came into force is generally handled under the old provision, which is why FIRs, charge sheets and court records still refer to Section 498A IPC. A lawyer can confirm which applies to a particular case.
Cruelty and dowry harassment inside a marriage are real, and they can be severe — sustained mental abuse, threats, physical harm, and pressure for money or property. This provision exists because those harms were often invisible from outside the home. At the same time, an FIR is an allegation, not a finding of guilt: the law provides a process, and that process is what decides the outcome.
What counts as cruelty under BNS Section 86?
BNS Section 86 defines cruelty as wilful conduct likely to drive a woman to suicide or cause grave injury or danger to her life, limb or health — mental or physical — and harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security.
The definition has two broad limbs. Understanding which limb an allegation falls under matters, because the evidence that supports each is different.
Limb one — conduct that endangers life, limb or health
This covers wilful conduct of a kind likely to drive a woman to suicide, or to cause grave injury or danger to her life, limb or health. Importantly, health here includes mental health as well as physical health. Sustained psychological abuse can fall within this limb; it does not have to leave a visible mark.
Limb two — harassment over an unlawful demand
This covers harassment of the woman where the harassment is aimed at coercing her, or anyone related to her, to meet an unlawful demand for property or valuable security — in everyday language, dowry demands. It also covers harassment because she or her relatives have failed to meet such a demand.
Not every unhappy marriage, argument or breakdown of a relationship amounts to cruelty in the criminal sense. Courts look at the specific conduct alleged, who is said to have done it, when, and what evidence supports it. That cuts both ways: it means serious, documented conduct is taken seriously, and it means vague or blanket allegations against an entire family are examined carefully.
Evidence that tends to matter
- Messages, call recordings where lawful, emails and chat history
- Medical records, prescriptions, and any treatment for injury or mental health
- Bank statements, transfers, receipts and jewellery or property lists for dowry-related allegations
- Dates, places and a written timeline of specific incidents rather than general statements
- Names of people who witnessed particular incidents
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Give information about the offence at a police station so it can be recorded as an FIR. You can also apply under the PWDVA 2005 for protection, residence and maintenance orders. In an emergency call 112, or the women's helpline 181.
There is no single door. Many people use more than one of these routes at the same time, because they do different things: the criminal route addresses the offence, and the PWDVA route addresses safety, housing and money.
Copies of the complaint, the FIR, medical papers and any court orders should be stored somewhere you can reach them — with a trusted person, or in cloud storage only you can access. Losing access to documents is a common and avoidable setback.
What other protections are available besides a criminal case?
The Protection of Women from Domestic Violence Act 2005 is a civil route. A Magistrate can pass protection orders, residence orders (including the right to stay in the shared household), monetary relief and maintenance, and custody orders. It can run alongside, or instead of, a criminal complaint.
Not everyone wants a criminal case, and not every situation calls for one. The PWDVA exists precisely because many people need the harm to stop and their living situation secured, rather than a prosecution.
What a Magistrate can order under the PWDVA 2005
- Protection order — restraining further acts of domestic violence, and contact where appropriate
- Residence order — protecting the right to live in the shared household, or securing alternative accommodation
- Monetary relief — including maintenance, loss of earnings and medical expenses
- Custody order — temporary custody of children
- Compensation order — for injuries, including mental torture and emotional distress
Protection Officers and service providers appointed under the Act are meant to help with filing and with access to shelter, medical aid and legal aid. Our full walkthrough is here: Domestic violence in India — your rights under PWDVA 2005.
Other routes that may run in parallel
- Maintenance — Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 provides for maintenance orders. See our guide to maintenance and alimony under Section 144 BNSS.
- Dowry Prohibition Act 1961 — a separate statute prohibiting the giving or taking of dowry.
- Matrimonial relief — cruelty is a recognised ground for divorce under Indian personal laws, including the Hindu Marriage Act 1955. See contested divorce in India.
What happens if you are accused under BNS 85?
The ordinary criminal process applies. Where arrest is not required, BNSS Section 35(3) requires police to issue a notice directing you to appear. You can apply for anticipatory bail. Engage a lawyer early, cooperate with lawful process, and do not contact the complainant.
Being named in a complaint is frightening, and people often make things worse in the first few days. This section sets out the process factually. It does not assume anything about whether the allegations are true — that is what the process exists to determine.
The sequence, in outline
- Information is recorded and an investigation begins. The police look into the allegations, record statements and collect documents.
- A notice to appear may be issued. Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 provides that where arrest is not required under sub-section (1), the police officer shall issue a notice directing the person to appear before him or at the place specified in the notice. Attend as required, with your lawyer's advice.
- Anticipatory bail can be applied for. If you apprehend arrest, an application can be made to the Sessions Court or the High Court. See our guide to anticipatory bail in India.
- If arrested, bail can be applied for. The offence is classified as non-bailable, which means bail is a matter for the court's discretion rather than a right — not that bail is unavailable.
- Charge sheet, framing of charges and trial. The First Schedule shows the offence as triable by a Magistrate of the first class.
In Arnesh Kumar v. State of Bihar (Supreme Court of India, 2 July 2014), the Court held that "no arrest should be made only because the offence is non-bailable and cognizable", directed police not to arrest automatically when a cruelty case is registered, required a notice of appearance to be served, and required Magistrates to record their satisfaction before authorising detention. These safeguards govern how arrest powers are used. They do not decide whether allegations are true — that is for the trial.
Practical points if you have been named
- Get a lawyer before you give any statement. Article 22 of the Constitution protects the right of an arrested person to consult and be defended by a legal practitioner of their choice.
- Do not contact or approach the complainant or her family to persuade, pressure or "settle" it informally. It can be read as intimidation and can create fresh legal problems.
- Preserve records rather than delete them. Messages, transfers, travel records and medical papers can support your account. Destroying material looks bad and can itself be an offence.
- Keep a copy of every document you receive — notices, summons, orders — and note the dates.
- Respond through your lawyer, in writing where possible, and attend every date the court requires.
An accusation is not a conviction, and a person who is accused is entitled to due process, legal representation and a fair trial. Equally, an allegation of cruelty is serious and deserves to be examined properly rather than dismissed. Both of those propositions are part of the same legal system.
This is a case where you should not act alone.
₹99* books a verified lawyer, briefed on your case before the call.*₹99 is the platform booking fee. Your advocate’s own fee is quoted and agreed before the call.Is a BNS 85 / 498A case bailable?
The BNSS First Schedule classifies the Section 85 offence as non-bailable, and cognizable when information is given by the aggrieved woman or a relative by blood, marriage or adoption (or a notified public servant). It is triable by a Magistrate of the first class.
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita 2023 — the official classification table — records the entry for Section 85 as follows:
| Column | Entry for BNS Section 85 |
|---|---|
| Offence | Punishment for subjecting a married woman to cruelty |
| Punishment | Imprisonment for 3 years and fine |
| Cognizable or non-cognizable | Cognizable if information relating to the commission of the offence is given to the officer in charge of a police station by the person aggrieved, or by a person related to her by blood, marriage or adoption — or, if there is no such relative, by a public servant of a class notified by the State Government |
| Bailable or non-bailable | Non-bailable |
| By what court triable | Magistrate of the first class |
What those words mean in practice
- Cognizable means the police can register and investigate without first obtaining a Magistrate's order. Here that is qualified by who gives the information, as set out above.
- Non-bailable does not mean bail cannot be granted. It means bail is not available as of right; the court decides, and may impose conditions. Anticipatory bail can be sought before arrest, and regular bail after.
- Triable by a Magistrate of the first class tells you which court will conduct the trial.
Classification tables are amended, and States can make local amendments. Additional offences are often alleged alongside Section 85, and those may carry a different classification. Confirm the position that applies to your specific FIR with a lawyer rather than assuming it from a general article.
Can a cruelty case be settled or quashed?
Sometimes. A criminal case is not a private dispute the parties can simply cancel. Where a couple has genuinely resolved matters, the usual route is a petition to the High Court, using its inherent powers, to quash the proceedings. The outcome depends on the facts — nothing is guaranteed.
In practice, settlements in matrimonial matters are often reached as part of a wider resolution — divorce, maintenance, return of belongings, custody arrangements — and the criminal case is then dealt with by asking the High Court to quash it. Mediation centres attached to courts and Lok Adalats are commonly used to arrive at those terms.
What a High Court typically considers
- Whether the settlement is genuine and freely made, rather than the result of pressure
- The nature and gravity of the allegations, and how far the proceedings have progressed
- Whether continuing the case would serve any purpose in the particular circumstances
Quashing can also be sought on other grounds — for example, where it is argued that the allegations, taken at face value, do not disclose the offence. Whether that argument succeeds is entirely fact-specific.
A woman who wants to pursue her complaint is entitled to do so, and pressure to withdraw — from family, community or anyone else — is not something the law expects her to accept. Equally, a person who has been accused should not be told that paying money guarantees a case will end. Take independent legal advice before agreeing to anything.
Official sources
Every legal point above is taken from the official texts below. Where a source could not be confirmed, this guide names the Act rather than a section number.
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — India Code — Sections 85 and 86; commencement 1 July 2024.
- Dowry Prohibition Act, 1961 (Act 28 of 1961) — India Code — "An Act to prohibit the giving or taking of dowry."
- Bharatiya Nagarik Suraksha Sanhita, 2023 — India Code — Section 35 (arrest without warrant; notice of appearance) and the First Schedule classification of offences.
- India Code — official repository of Indian Bare Acts
This guide is general information about the law in India and is not a substitute for legal advice. Whether you are facing cruelty or have been named in a complaint, a qualified lawyer who has seen your papers is important — the facts of an individual case change what applies.