498A Dowry Case: Section 85 BNS, Arrest, Bail & Remedies

In short

Section 498A of the Indian Penal Code (cruelty to a married woman by husband or relatives) is now section 85 of the Bharatiya Nyaya Sanhita, 2023, with the definition of cruelty in section 86. It is a serious criminal offence, but arrest is not automatic, and the law gives accused persons several remedies.

This page is written for families on both sides. If you are a woman facing cruelty, you have real legal protection. If you or your relatives have been accused, you also have important rights.

What is the law?

Section 85 BNS (earlier IPC 498A): a husband or his relative who subjects a married woman to cruelty can be punished with imprisonment up to 3 years and fine.
Section 86 BNS explains “cruelty”: wilful conduct likely to drive her to suicide or cause grave injury, or harassment to force her or her relatives to meet unlawful demands for property or money.
Dowry Prohibition Act, 1961: giving, taking or demanding dowry is an offence.
Protection of Women from Domestic Violence Act, 2005: a civil remedy for residence, protection and monetary relief.

Common fears of accused families

Arrest of elderly parents and relatives
Job and passport trouble
Long court cases
A case filed as pressure in a marriage or property dispute

What courts have said

The Supreme Court has repeatedly warned that vague or general allegations against all in-laws should be examined closely. Cases such as *Arnesh Kumar v. State of Bihar* (2014) direct the police not to arrest mechanically but to follow a notice procedure first. At the same time, courts stress that real cruelty must be dealt with firmly.

If a case is filed against you

Do not ignore the police notice. Reply and attend when asked to appear.
Do not threaten or contact the complainant in a way that can be treated as pressure.
Preserve evidence: messages, call records, bank transfers, photos, marriage expenses and gifts list.
Consider anticipatory bail under section 482 BNSS if you fear arrest.
Ask for mediation or settlement where genuine. Courts often refer matrimonial matters to mediation.
Quashing: The High Court can quash a case in suitable situations, for example where the allegations are vague or the dispute has been settled, using its inherent powers (section 528 BNSS).
Seek legal advice about the complainant’s other cases, such as maintenance and domestic violence.

If you are the woman facing cruelty

Keep a record of dates, incidents, messages and medical reports.
Call 112 (police) or 181 (women’s helpline) in an emergency.
Approach the police, a Protection Officer, or a lawyer for a complaint or a domestic violence application.
Keep your streedhan and documents safe.

Settlement

Many matrimonial cases end in compromise through divorce by mutual consent along with withdrawal or quashing of criminal cases. A settlement should be written, clear and registered or recorded in court.

Remember: Every case turns on its facts. Do not rely on general information. Get your documents reviewed by an advocate quickly, because early steps matter.

Frequently asked questions

Is section 498A bailable?

It is a non-bailable and cognizable offence, but arrest is not compulsory and courts frequently grant bail. Talk to a lawyer promptly.

Can the case be withdrawn?

The complainant cannot simply withdraw it. A compromise requires the High Court to quash the case, which the High Court can do in suitable situations.

Are all relatives automatically accused?

No. Courts look for specific roles. General allegations against distant relatives are viewed carefully.

What is the section number under the new law?

Section 85 BNS replaced 498A IPC for offences from 1 July 2024. Earlier offences continue under the IPC.