Complaints of cruelty by a husband or his relatives – often linked to dowry demands – are among the most common criminal cases in family disputes. This guide explains the law for both the complainant and the accused.
The Offence
Section 498A of the IPC, now Sections 85 and 86 of the Bharatiya Nyaya Sanhita, punishes cruelty to a married woman by her husband or his relatives with imprisonment of up to three years and a fine. “Cruelty” covers conduct likely to drive her to suicide or cause grave injury, and harassment to meet unlawful demands for property or money. Dowry demands are separately punishable under the Dowry Prohibition Act, 1961, and dowry death under BNS 80 (formerly IPC 304B).
Arrest Safeguards
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that arrests in such cases must not be automatic – the police must record reasons and follow the notice-of-appearance procedure (now BNSS 35). Family welfare and mediation steps are also used to encourage settlement.
If You Are the Complainant
- File a complaint at the police station or the women’s helpline; preserve messages, medical records and witness details.
- You can also seek protection, residence and maintenance orders under the Protection of Women from Domestic Violence Act, 2005.
- Recover your stridhan – jewellery and gifts given to you remain yours.
If You Are Accused
- Seek legal advice immediately and consider anticipatory bail if arrest is feared.
- Attend police notices and keep records of your side of events.
- If the dispute is settled, the case may be quashed by the Karnataka High Court.
Frequently Asked Questions
Is 498A bailable?
It is a cognizable and non-bailable offence, but bail and anticipatory bail are commonly granted depending on the facts.
Can a 498A case be withdrawn?
It is not compoundable, so it cannot simply be withdrawn – but the High Court can quash it after a genuine settlement.
Can relatives living elsewhere be named?
They can be named, but courts have cautioned against roping in distant relatives without specific allegations.
About this guide: Prepared by the Best Criminal Lawyers in Bangalore editorial team from the text of the statutes and reported court judgments, and written for the Bharatiya Nyaya Sanhita, BNSS and BSA in force since 1 July 2024. It is general information, not legal advice. Read our editorial policy.
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