Section 498A of the Indian Penal Code is now Section 85 of the Bharatiya Nyaya Sanhita, 2023. It punishes a husband or his relative who subjects a married woman to cruelty, with imprisonment of up to three years and a fine. Section 86 defines what cruelty means. The offence is non-bailable and non-compoundable, and cognizable when the information comes from the woman, her relative, or a notified public servant.
| Current provision | Section 85, Bharatiya Nyaya Sanhita, 2023 |
| Earlier provision | Section 498A, Indian Penal Code, 1860 |
| Definition of cruelty | Section 86, BNS (formerly the Explanation to 498A) |
| Who can be charged | The husband, or a relative of the husband |
| Punishment | Imprisonment up to 3 years, and fine |
| Cognizable | Yes, where the information is given by the woman, a relative by blood, marriage or adoption, or a notified public servant |
| Bailable | No |
| Compoundable | No — it cannot be settled between the parties as of right |
| Triable by | Magistrate of the first class |
| Related provisions | Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005 |
The renumbering, and why both citations still matter
The Bharatiya Nyaya Sanhita, 2023 replaced the Indian Penal Code. In that transition, Section 498A became Section 85, and the Explanation that defined cruelty became a separate provision, Section 86.
The substance was carried over rather than rewritten. That has a practical consequence worth understanding: the large body of case law decided under 498A — on what amounts to cruelty, on who is a relative, on when proceedings should be quashed — continues to be authority for the new provision. A judgment from 2010 citing 498A is not obsolete.
| Subject | Old (IPC) | New (BNS) |
|---|---|---|
| Cruelty by husband or relative | Section 498A | Section 85 |
| Definition of cruelty | Explanation to 498A | Section 86 |
| Dowry death | Section 304B | Section 80 |
The date of the alleged offence decides. Conduct before 1 July 2024, when the new code came into force, is prosecuted under the IPC provision; conduct after it, under the BNS provision. Where a course of conduct spans the change, this is a point to take advice on rather than assume.
What the law treats as cruelty
Cruelty for this purpose is defined, and the definition has two limbs:
- Wilful conduct of such a nature as is likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health — whether mental or physical. The express inclusion of mental health is significant: sustained humiliation, confinement, or deprivation can fall within it without any physical act.
- Harassment with a view to coercing her or any person related to her to meet an unlawful demand for property or valuable security, or harassment because she or a person related to her has failed to meet such a demand.
The second limb is the dowry-related limb, and it is the one most often invoked. The first is wider and does not require any demand to be shown at all.
What the definition does not cover is ordinary matrimonial discord. Courts have consistently distinguished between a difficult marriage and conduct meeting this threshold, and the distinction is made on the specific allegations and the evidence, not on the fact that the marriage failed.
How a case proceeds
- Complaint and FIR The complaint is made at the police station or a Crime Against Women Cell, which in many states is the first point of contact. Because the maximum punishment is three years, the police may first hold a preliminary enquiry of up to fourteen days, with a senior officer's permission, before registering an FIR (Section 173(3) BNSS).
- Preliminary steps before arrest For offences punishable with up to seven years, police must assess whether arrest is necessary against the statutory grounds and record their reasons. Where arrest is not necessary, a notice of appearance is issued. The accused must comply with that notice.
- Anticipatory or regular bail Because the offence is non-bailable, bail is in the court's discretion. Anticipatory bail is commonly applied for before arrest. Courts take into account the specific role attributed to each accused, particularly where several family members are named.
- Investigation and charge sheet Statements are recorded, documents and communications collected, and the investigation concludes with a charge sheet or a closure report filed before the Magistrate.
- Discharge, framing of charges, and trial An accused against whom no specific allegation is made may apply for discharge. Where charges are framed, the matter proceeds to trial before a Magistrate of the first class.
- Quashing where the dispute is settled Where the parties genuinely settle, a petition to the High Court to quash the proceedings is the recognised route, since the offence cannot be compounded as of right.
Where a complaint can be filed, and within what time
Two questions decide whether a complaint gets off the ground at all: which court has jurisdiction, and whether it is in time.
Jurisdiction
Ordinarily, a criminal case is tried where the offence was committed. Cruelty under this provision is frequently a continuing course of conduct rather than a single act, and it may span the matrimonial home, the wife's parental home and more than one city. The Supreme Court has recognised (Rupali Devi v. State of Uttar Pradesh, 2019) that where a wife has been compelled to leave the matrimonial home and has suffered the consequences of that cruelty at her parental home, the court at that place may have jurisdiction. The precise position depends on the facts pleaded, and it is a point frequently contested at the threshold.
Limitation
Because the maximum punishment is three years, a court cannot ordinarily take cognizance more than three years after the offence (Section 514 BNSS, formerly Section 468 CrPC). Where the cruelty is a continuing one, time runs from the last act of cruelty, which is why a complaint about conduct spread over years is not automatically time-barred. Courts also have the power to condone delay in taking cognizance in the interests of justice.
Yes. There is no seven-year rule in this provision. The seven-year period belongs to the dowry death provision — Section 80 BNS, formerly 304B IPC — which concerns a woman's death in unnatural circumstances within seven years of marriage. The two are routinely confused. Cruelty under this section is not limited by any period of marriage. (A separate seven-year presumption applies where a married woman dies by suicide and cruelty is alleged — abetment of suicide — but that too is a different provision.)
And after divorce?
A decree of divorce does not by itself extinguish a criminal complaint about cruelty that occurred during the marriage. The offence is complete when it is committed. What a divorce often does affect is the practical course of the case, since a settlement reached in the matrimonial proceedings is commonly the basis of a subsequent petition to quash.
What happens when someone is named, step by step
This section describes the procedure. It is not a strategy guide, and nothing here substitutes for an advocate who has read the complaint.
- A notice of appearance, or an arrest For offences punishable with up to seven years, the directions in Arnesh Kumar require police to assess whether arrest is necessary on the statutory grounds and to record their reasons. The ordinary first step is a notice requiring attendance. That notice must be complied with — non-compliance is itself a ground for arrest.
- Anticipatory bail, where arrest is apprehended An application may be made to the Sessions Court or the High Court. Courts look closely at the specific role attributed to each applicant, which is why applications for a distant relative with no specific allegation against them stand differently from one against the husband.
- Investigation Statements are recorded, documents and communications collected, and the station forms a view. Following the Supreme Court's 2025 direction (see the safeguards below), the matter may first go to a Family Welfare Committee during a two-month period in which no arrest or coercive action is taken.
- Charge sheet, or closure report The investigation ends with one or the other, filed before the Magistrate. A closure report does not automatically end the matter — the complainant is entitled to notice and may file a protest petition.
- Discharge Before charges are framed, an accused against whom the material discloses no specific allegation may apply for discharge — within sixty days of being supplied the case documents (Section 262 BNSS). This is the stage at which family members named without particulars are most often released from the case.
- Framing of charges and trial Where charges are framed, the matter is tried by a Magistrate of the first class.
- Quashing, where there is a genuine settlement A petition to the High Court under its inherent powers. Courts have repeatedly held that settled matrimonial disputes are a fit category for this, notwithstanding that the offence is non-compoundable.
Whether a person with a pending case may travel depends on whether any court order or look-out circular restricts it, and on the conditions attached to any bail granted. There is no general automatic bar arising from the registration of a case. The only reliable answer comes from reading the bail order and the court record in that specific matter — do not rely on a general rule from any website, including this one.
What the case turns on in court
Both sides' cases are built from the same categories of material, and understanding which categories carry weight is useful whichever side a person is on.
| Specificity of allegations | Dates, incidents and acts attributed to a named person — as against general assertions against a group |
| Contemporaneous record | Complaints, medical records, messages and emails made at the time rather than prepared afterwards |
| Medical evidence | Where physical cruelty or injury to health is alleged |
| Communications | Messages and call records, which cut both ways and are frequently the most important material in the file |
| Independent witnesses | Neighbours, colleagues, or anyone outside both families |
| Financial records | Where an unlawful demand for property or valuable security is alleged |
| Sequence and timing | When the complaint was made relative to other proceedings, and whether delay is explained |
The recurring theme in the case law is specificity. A complaint that attributes particular acts on particular occasions to a particular person is treated very differently from one that names eight relatives and alleges harassment generally. That is true both for a complainant establishing cruelty and for an accused seeking discharge.
How a case typically ends
There are four ordinary endings: a closure report accepted by the Magistrate; discharge before charges are framed; a quashing by the High Court following a genuine settlement; or a trial ending in conviction or acquittal. Many matters end through the third route, because most matrimonial litigation is eventually settled as a package covering the criminal case, the divorce, maintenance and custody together.
Bail: what the position actually is
The offence is non-bailable, and this is the point most often misunderstood. Non-bailable does not mean bail cannot be granted. It means bail is not available as a matter of right — it is granted at the discretion of the court, on the facts.
| Bailable offence | Non-bailable offence | |
|---|---|---|
| Bail is | A right | At the court's discretion |
| Granted by | The police officer or the court, on furnishing bail | Mainly the court |
| Court considers | Little beyond identity and sureties | Gravity, the role attributed, risk of absconding, tampering with evidence, influencing witnesses |
There is no fixed “bail amount” for this or any other offence. The court sets the bond and the sureties according to the circumstances of the case and of the person, and it attaches conditions — attendance, not contacting witnesses, surrender of passport where relevant. Any figure quoted as a standard amount for this section is invented.
Anticipatory bail, sought before arrest, is common in these matters. Courts assess each applicant separately, and the outcome for a husband against whom specific acts are alleged and for an elderly relative named without particulars is frequently different.
Safeguards the courts have laid down
Two concerns have shaped the case law: that genuine cruelty should be prosecuted, and that the provision should not be used to implicate an entire family without specific allegations. The courts' response has been a set of safeguards applied at the investigation and charge stages rather than any dilution of the offence itself.
- A two-month cooling-off period. In Shivangi Bansal v. Sahib Bansal (2025), the Supreme Court directed that the Allahabad High Court's guidelines be implemented: no arrest or coercive action for two months after the FIR, during which the matter is referred to a Family Welfare Committee. How this is being applied varies, so check the current position in your district.
- Arrest is not automatic. In Arnesh Kumar, the Supreme Court directed that police satisfy themselves of the necessity of arrest against the statutory grounds and record reasons, and that Magistrates apply their mind before authorising detention.
- Specific allegations are required against each accused. Courts have repeatedly discharged relatives named without any particular act attributed to them, and have deprecated the practice of a general roping-in of the extended family.
- Settled matrimonial disputes may be quashed. The High Court's inherent power has been held available where a genuine settlement has been reached, notwithstanding that the offence is non-compoundable.
- Proceedings may be quashed where the complaint is an abuse of process on its own face — but this is a narrow jurisdiction, exercised on the material rather than on competing versions of fact.
This is among the more consequential provisions in Indian criminal law, both for a woman experiencing cruelty and for a person named in a complaint. The outcome in any particular case turns on specific facts, specific allegations and specific evidence. Nothing on this page is a substitute for advice from an advocate who has read your papers.
Provisions that commonly run alongside
| Dowry Prohibition Act, 1961 | Giving, taking or demanding dowry. Often charged together with the cruelty provision where a demand is alleged |
| Protection of Women from Domestic Violence Act, 2005 | Civil in nature, though breaching a protection order is itself an offence. Protection orders, residence orders, monetary relief, custody and compensation |
| Section 80 BNS (formerly 304B IPC) | Dowry death, where a woman dies in unnatural circumstances within seven years of marriage and cruelty for dowry is shown |
| Maintenance provisions | Maintenance for a wife unable to maintain herself, pursued separately from the criminal case |
These are distinct proceedings with distinct standards and distinct outcomes. They are frequently pursued in parallel because they deliver different things: the criminal case is about punishment, the domestic violence proceeding is about protection and money, and maintenance is about support.
Working out which provisions a matrimonial matter attracts
NyayaMithra maps the facts to the provisions that apply — BNS, the Dowry Prohibition Act and the Domestic Violence Act frequently overlap — and shows the leading judgments on each.
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Frequently asked questions
Is 498A still the correct section to cite?
For offences committed before the Bharatiya Nyaya Sanhita came into force on 1 July 2024, proceedings continue under Section 498A IPC. For offences after that date, the correct citation is Section 85 BNS. In practice both appear — older judgments refer to 498A, and will continue to be cited as authority, because the substance of the provision was carried over.
Is the offence bailable?
No, it is classified as non-bailable, which means bail is not available as of right and is at the discretion of the court. Anticipatory bail is frequently sought in these matters. Non-bailable does not mean bail will be refused — it means the court decides.
Can a 498A case be withdrawn?
The offence is non-compoundable, so the parties cannot simply compound it as of right. Where a genuine settlement has been reached, the established route is a petition to the High Court to quash the proceedings in exercise of its inherent powers, and courts have repeatedly recognised that matrimonial disputes which have been settled are a fit category for this.
Who counts as a relative of the husband?
Courts have read this to mean a person related by blood, marriage or adoption. Mechanical naming of every member of an extended family has been criticised repeatedly, and courts have discharged distant relatives where no specific allegation was made against them individually.
Is an arrest automatic once an FIR is registered?
No. For offences punishable with up to seven years, the Supreme Court in Arnesh Kumar laid down that police must satisfy themselves that arrest is necessary on the grounds set out in the arrest provisions, and must record reasons. A notice of appearance is the first step rather than arrest. Those directions apply squarely to this offence, and since 2025 the Supreme Court has also directed a two-month period after the FIR without coercive action, while a Family Welfare Committee looks at the matter.
What is the difference between this and a domestic violence complaint?
This is a criminal offence prosecuted by the State, carrying imprisonment. A proceeding under the Protection of Women from Domestic Violence Act, 2005 is civil in nature and gives protective and monetary reliefs — protection orders, residence orders, maintenance, custody. They are commonly pursued together because they do different things.
Does cruelty have to be physical?
No. The definition covers wilful conduct of such a nature as is likely to drive a woman to suicide or cause grave injury or danger to her life, limb or health, and health is expressly stated to include mental health. Harassment to coerce an unlawful demand for property or valuable security is separately covered.
Can a complaint be filed after seven years of marriage?
Yes. There is no seven-year limit in this provision. The seven-year period belongs to the dowry death provision — Section 80 BNS, formerly 304B IPC — which concerns a woman's death in unnatural circumstances within seven years of marriage. The two are frequently confused.
Can a complaint be filed after a divorce decree?
A decree of divorce does not by itself extinguish a criminal complaint about cruelty committed during the marriage, since the offence is complete when committed. In practice, a settlement reached in matrimonial proceedings is commonly the basis of a later petition to the High Court to quash the criminal case.
What is the bail amount in such a case?
There is no fixed amount for this or any other offence. The court sets the bond and sureties according to the circumstances of the case and the person, and attaches conditions. Any figure quoted online as a standard amount for this section is invented.
Where can the complaint be filed?
Ordinarily where the offence was committed. Because cruelty is often a continuing course of conduct spanning more than one place, courts have recognised that the court where the wife has suffered the consequences — including her parental home, where she has been compelled to leave the matrimonial home — may have jurisdiction. It is a point frequently contested at the threshold and depends on the facts pleaded.
Can someone with a pending case travel abroad?
It depends on whether any court order or look-out circular restricts it and on the conditions attached to any bail granted. There is no general automatic bar arising from registration of a case. The reliable answer comes from the bail order and the court record in that specific matter, not from a general rule.
How does a case like this usually end?
There are four ordinary endings: a closure report accepted by the Magistrate, discharge before charges are framed, quashing by the High Court following a genuine settlement, or a trial ending in conviction or acquittal. Many end through settlement, because matrimonial litigation is usually resolved as a package covering the criminal case, divorce, maintenance and custody together.