Excellent question — and an important one too because many people confuse Section 498A IPC with the Protection of Women from Domestic Violence Act, 2005 (DV Act) since both deal with cruelty and abuse in marriage.
But in reality, they’re legally distinct laws, with different scope, procedures, punishments, and objectives.
Let’s understand this properly.
Difference Between Section 498A IPC and Domestic Violence Act, 2005
| 🔍 Aspect | 📜 Section 498A IPC | 📜 Domestic Violence Act, 2005 |
|---|---|---|
| Type of Law | Criminal provision under IPC | Civil legislation with some criminal remedies |
| Objective | To punish cruelty by husband or in-laws towards a married woman for dowry or related harassment | To provide protection, relief, and maintenance to women facing domestic abuse |
| Nature of Complaint | Registered as an FIR with police leading to criminal trial | Filed as a complaint before the Magistrate seeking protection and civil remedies |
| Against Whom | Husband and his relatives (both male & female) | Against husband, male partner, and female relatives in shared household |
| Punishment | 3 years imprisonment and fine if convicted | No imprisonment as default. Reliefs like protection orders, residence rights, maintenance, child custody, compensation orders granted |
| Cognizable / Non-Cognizable | Cognizable and non-bailable offense | Non-cognizable (police cannot arrest without court’s permission) |
| Scope | Specifically covers married women subjected to cruelty for dowry demands or physical/mental harassment | Covers married women, live-in partners, mothers, sisters, and female relatives subjected to domestic abuse |
| Kinds of Reliefs Available | Only punishment to accused (imprisonment/fine) | Civil reliefs — residence order, protection order, monetary relief, custody of children, compensation |
| Provision for Maintenance | ❌ Not available under Section 498A | ✅ Available under Section 20 of DV Act |
| Filing Authority | Police Station | Magistrate’s Court (Judicial Magistrate First Class) |
| Possibility of Compromise / Quashing | Can be compromised and quashed by High Court under Section 482 CrPC | Relief orders can be withdrawn, and parties can settle at any stage |
In Simple Words
| 📌 Section 498A IPC | 📌 Domestic Violence Act, 2005 |
|---|---|
| A criminal case for cruelty (mostly for dowry or severe harassment) | A civil protection law providing maintenance, protection, residence, and custody rights |
| Leads to FIR, police investigation, criminal trial | Leads to Magistrate’s protection orders, maintenance orders, residence rights |
| Punishable with imprisonment up to 3 years | Provides civil remedies with a possibility of imprisonment only if protection orders are violated |
Can Both Be Filed Together?
✅ Yes — In many cases, women file both 498A IPC FIR and a Domestic Violence case simultaneously for criminal action and civil protection/relief.
FAQs
Q. Is Section 498A part of the Domestic Violence Act?
❌ No — They are separate laws. 498A is under the Indian Penal Code (IPC) while Domestic Violence is a standalone law enacted in 2005.
Q. Can a husband’s female relatives be accused under Domestic Violence Act?
✅ Yes — if they harass or abuse the complainant.
Q. Is anticipatory bail available in a 498A case?
✅ Yes — it’s a non-bailable but anticipatory bail is available through Sessions Court or High Court.
Q. Does the DV Act provide for maintenance like under CrPC 125?
✅ Yes — under Section 20 of the DV Act, monetary relief including maintenance can be granted.
Conclusion
✔️ Section 498A IPC is a criminal offense meant to punish cruelty and dowry harassment.
✔️ Domestic Violence Act, 2005 is a civil law providing protection, residence rights, maintenance, and other reliefs to women facing domestic abuse.
✔️ Both can run parallel, and in some cases are complementary.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304