Indian criminal law | Updated October 2026

Section 198A CrPC: Prosecution for Cruelty under IPC 498A and Section 220 BNSS

Section 198A of the Code of Criminal Procedure, 1973 regulated how courts could take cognizance of cruelty offences under Section 498A of the Indian Penal Code. The corresponding current rule is Section 220 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning Section 85 of the Bharatiya Nyaya Sanhita, 2023.

Current law: The BNSS and BNS generally took effect on 1 July 2024. For earlier offences and proceedings, the applicable savings and transitional provisions must be checked. Section 198A CrPC remains important for understanding cases governed by the former law.

Section 198A CrPC - Former statutory provision

Inserted by Section 5 of the Criminal Law (Second Amendment) Act, 1983 (Act 46 of 1983), with effect from 25 December 1983, Section 198A imposed a specific restriction on the court taking cognizance of an offence punishable under IPC Section 498A.

Substance of Section 198A: A court could take cognizance only on a police report setting out facts constituting the offence, or on a complaint by the aggrieved woman; her father, mother, brother or sister; her father's or mother's brother or sister; or, with the court's permission, another person related to her by blood, marriage or adoption.

The original page referred to the Indian Penal Code as Act 45 of 1960. The correct citation is the Indian Penal Code, 1860 (Act 45 of 1860).

Section 220 BNSS, 2023 - Current provision

Section 220, Bharatiya Nagarik Suraksha Sanhita, 2023: Prosecution of offences under Section 85 of the Bharatiya Nyaya Sanhita, 2023. It restricts cognizance to a police report containing facts constituting the offence or a complaint made by the aggrieved person or the specified relatives, including other relatives by blood, marriage or adoption with the leave of the court.

In practical terms, Section 220 BNSS substantially carries forward the special cognizance rule of former Section 198A CrPC, while updating the substantive offence reference from IPC Section 498A to BNS Section 85.

Earlier law	Current corresponding law
Section 198A CrPC, 1973	Section 220 BNSS, 2023
Section 498A IPC, 1860	Section 85 BNS, 2023
Explanation of cruelty under IPC Section 498A	Definition of cruelty under BNS Section 86

What constitutes cruelty under the law?

Section 85 BNS punishes a husband or a relative of the husband who subjects a woman to cruelty. Section 86 BNS defines cruelty for this purpose as:

Wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health, whether mental or physical.
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 was not met.

Section 85 provides punishment of imprisonment up to three years and a fine. The offence is non-bailable and is cognizable under the conditions specified in the First Schedule to the BNSS. These classifications should not be confused with the separate requirement governing a court's cognizance under Section 220.

Who may initiate a complaint under Section 220 BNSS?

The aggrieved woman: She may complain directly.
Specified close relatives: Her father, mother, brother, sister, or her father's or mother's brother or sister may complain.
Other relatives: Another person related by blood, marriage or adoption may complain with the leave of the court.
Police report: The court may also take cognizance on a police report setting out facts constituting the Section 85 offence.

The provision does not make every concerned neighbour, friend or unrelated person independently eligible to lodge the specified court complaint. Reporting information to police and making a complaint on which a court may take cognizance are distinct procedural questions.

Police investigation and court cognizance

Meaning of cognizance

Cognizance means the court's judicial consideration of an alleged offence for proceeding according to criminal procedure. Section 220 identifies the permitted basis for cognizance in Section 85 BNS cases; it is not itself the provision defining or punishing cruelty.

Police report or private complaint

A police report is submitted after investigation in accordance with the applicable criminal procedure. A private complaint must satisfy Section 220's eligibility rule and the relevant complaint procedure, including the applicable provisions concerning examination of complainants and issuance of process.

Cases arising before 1 July 2024

Section 531 BNSS contains repeal and savings provisions. Where the alleged conduct or a pending investigation, inquiry, trial, appeal or other proceeding predates commencement, the relevant statutory savings and constitutional protections against retrospective penal liability must be assessed. The date of the alleged offence and procedural history matter.

Frequently asked questions

Is Section 198A CrPC still applicable?

The CrPC has been replaced by the BNSS for the new procedural regime, subject to savings. Section 198A remains relevant to matters governed by the earlier law; Section 220 BNSS is its current counterpart.

Can the victim's mother file a complaint?

Yes. The mother is expressly among the relatives named in Section 220 BNSS and former Section 198A CrPC.

Does Section 220 BNSS prescribe punishment?

No. It regulates when a court may take cognizance. Punishment for the underlying offence is provided by Section 85 BNS.

Official legislation and reference material

This article is general legal information. The governing law and procedure depend on the facts, date of the alleged conduct and stage of proceedings.