Current law: From 1 July 2024, Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS) address cruelty by a husband or his relatives. Section 498A of the Indian Penal Code, 1860 remains relevant to earlier alleged conduct and pending matters, subject to savings and transitional provisions.
What is Section 498A IPC and its equivalent under the BNS?
Section 498A IPC criminalised cruelty by a husband or a relative of the husband towards a married woman. Under the new criminal law, Section 85 BNS provides punishment of imprisonment up to three years and a fine for such cruelty, while Section 86 BNS defines the conduct that qualifies as cruelty. The provisions are intended to address serious matrimonial abuse and unlawful demands, not every ordinary marital disagreement.
Read the official Bharatiya Nyaya Sanhita, 2023 and the Ministry of Home Affairs new criminal laws portal.
Definition of cruelty under Section 86 BNS
The statutory definition covers two alternatives:
- Serious wilful conduct: Conduct of a nature likely to drive the woman to suicide or cause grave injury or danger to her life, limb or physical or mental health.
- Coercive harassment: Harassment to compel the woman or her relatives to meet an unlawful demand for property or valuable security, or because such a demand has not been met.
The elements must be assessed against the evidence and circumstances of each case. The offence carries a maximum of three years' imprisonment and a fine under Section 85 BNS.
FIR, arrest and investigation: applicable safeguards
Section 35 BNSS governs police arrest without warrant and related safeguards, replacing the framework previously found in Sections 41 and 41A CrPC. Arrest is not automatic merely because a complaint alleges matrimonial cruelty. Police must examine statutory conditions, record reasons where required and use the notice procedure when applicable. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, is a leading Supreme Court decision against routine arrests in offences punishable by up to seven years.
Section 220 BNSS addresses who may initiate proceedings for an offence under Section 85 BNS and the circumstances in which a court may take cognizance. See the official BNSS text.
Related legal provisions
- Section 80 BNS (earlier Section 304B IPC): Dowry death, a separate and more serious offence with distinct ingredients.
- Dowry Prohibition Act, 1961: Addresses giving, taking and demanding dowry, subject to its statutory definitions and exceptions.
- Protection of Women from Domestic Violence Act, 2005: Provides civil and protective remedies, including protection, residence and monetary relief. Proceedings under this Act may coexist with criminal prosecution where legally maintainable.
- Section 528 BNSS (earlier Section 482 CrPC): Preserves the High Court's inherent powers, including preventing abuse of court process in appropriate cases.
- Section 359 BNSS: Governs statutory compounding of specified offences. Matrimonial settlements do not automatically terminate a non-compoundable criminal case; a competent court's order may be necessary.
Leading Supreme Court principles
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, requires compliance with arrest safeguards. Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, cautions against indiscriminate implication of relatives while not diminishing genuine complaints. Sundar Babu v. State of Tamil Nadu, (2009) 14 SCC 244, addresses quashing where continuation of criminal proceedings would be unjustified. K.V. Prakash Babu v. State of Karnataka explains that allegations involving an extramarital relationship do not automatically satisfy the specific statutory definition of cruelty. These holdings depend on the facts and legal questions before the courts.
Judgments may be located and checked through the Supreme Court of India and eCourts judgments portal. Verify the full text, citations and subsequent treatment before relying on a decision in litigation.
Important Section 498A IPC judgments and citations
The following historical case-law index retains all 15 decisions listed in the original article. Summaries are editorial research pointers rather than exhaustive statements of law; outcomes can depend on particular facts, procedural posture and later decisions.
| Case title | Court | Date and citation | Issue and original case note |
|---|---|---|---|
| Arnesh Kumar vs State Of Bihar & Anr | Supreme Court | 02 July 2014 (2014) 8 SCC 273 | Police should justify their arrest and should not arrest without reason |
| Chander Bhan vs State of Delhi | Delhi High Court | 04 August 2008 | Guideline for 498A cases |
| Jaiprakash Madhukarrao Sahurkar vs Sarika | Bombay High Court | 29 February 2016 | Judgment Against Husband. DV and 498A can be filed on same facts |
| K.V. Prakash Babu vs State Of Karnataka | Supreme Court | 22 November 2016 | Adultery is not Cruelty for 498A |
| Kunaldev Singh Rathore vs State Of M.P | Madhya Pradesh High Court | 02 December 2016 | Defence Documents May Be Examined At Preliminary Stage, If Needed. Under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. |
| M. Srinivasulu Vs State Of A.P. | Supreme Court | 10 September 2007 AIR 2007 SC 3146 | SC Defines 498A , 304B & Dowry |
| Niraj Trivedi vs State Of Bihar And Ors | Delhi High Court | 04 January 2008 2008 (3) JCC 154 | FIR to be registered at place of crime. |
| Preeti Gupta & Anr vs State Of Jharkhand & Anr | Supreme Court | 13 August 2010, 2010 (3) GLH 258, ( 2010) 7 SCC 667 | Courts admits misuse of 498A in many cases and quashes the case as Respondent never stayed with complainant. A very Similar case. |
| Pritam Ashok Sadaphule and others VS State of Maharashtra and another | Supreme Court | 19 March 2015 | Wife files DV at Delhi and 498A at Mumbai on same allegations and facts, SC directs both the case to be tried by one court |
| Sanjeev Kumar vs State Of U.P. | Allahabad High Court | 30 September 2011 | Procedure for Arrest in Matrimonial Disputes |
| Savitri Devi vs Ramesh Chand And Ors | Delhi High Court | 19 May 2003 2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC 328, 2003 (69) DRJ 6 | Courts admits misuse of 498A in many cases and send some advisories to Govt. |
| Shaik Riayazun Bee vs The State Of A.P. | Andhra High Court | 01 June 2016 | Relative of the husband for the purpose of Section 498A means related by blood, marriage or adoption |
| Shaukin vs State Of U.P. And Others | Allahabad High Court | 11 October 2011 | 1. Compliance of sections 41(1)(b) and 41 A Cr.P.C and to refrain from routinely arresting persons wanted in cases punishable by imprisonment up to 7 years. 2. Under section 498A IPC where the wife has gone back to her "maika", it may not be necessary in a particular case to immediately arrest the husband and other family members until adequate evidence has been collected, as she is unlikely to encounter violence when she is away from her "sasural. 3. Strong reasons are needed for arresting an accused with respectable antecedents, who is an income tax payee with roots in the community, and a permanent abode, no history of earlier abscondance or non-cooperation with the police and who is not likely to tamper with the evidence or to again commit a crime unless he is immediately arrested 4. Contempt of court and Disciplinary proceedings against the police who do not adhere to sections 41(1)(b) and 41 A Cr.P.C |
| Sundar Babu & Ors vs State Of Tamil Nadu | Supreme Court | 19 February 2009 (2009) 14 SCC 244 | SC Explains Conditions For The Quash Of An FIR. |
| Vikas Kumar vs State of Bihar | Supreme Court | 18 July 2016 | Condition of paying maintenance to wife for AB is not sustainable in law. |
How to interpret older case-law summaries
Not every allegation of marital discord amounts to criminal cruelty, but the law does not require a complainant to prove a dowry demand in every case: serious wilful conduct may independently meet the statutory definition. Equally, accusations against relatives must be examined individually; mere family relationship is not sufficient proof of guilt. Quashing is an exceptional judicial remedy, not an automatic response to a disputed complaint.
Older judgments referring to Sections 41, 41A or 482 CrPC must be read alongside the applicable BNSS provisions and transition rules. Questions of FIR jurisdiction, arrest, anticipatory bail and settlement require fact-specific analysis.
Frequently asked questions
What replaced IPC Section 498A?
Sections 85 and 86 BNS now set out the offence and definition of cruelty for conduct governed by the new code. IPC Section 498A continues to matter for earlier conduct and proceedings under applicable savings rules.
Is arrest automatic after an FIR under Section 85 BNS?
No. Arrest requires compliance with Section 35 BNSS and applicable judicial safeguards, including the principles laid down in Arnesh Kumar.
Can domestic violence proceedings and a cruelty prosecution run together?
They may proceed under their respective statutes, even where factual allegations overlap. Courts examine jurisdiction, relief, procedure and any risk of duplicative recovery or inconsistent orders.
Related Indian case-law resources
This article is for general legal information. Statutory amendments, judicial interpretation and case-specific facts should be checked against authoritative sources.