Sure — let’s carefully discuss this subject in detail. I’ll explain it by covering both Section 498A of the Indian Penal Code (IPC) and the corresponding provision Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), since BNS has replaced IPC from 1st July 2024. Both were designed to protect married women from cruelty by the husband or his relatives.
Section 498A IPC / Section 85 BNS: Protection of Married Women from Cruelty
Background and Objective
Section 498A was introduced in the Indian Penal Code in 1983 to curb the growing instances of cruelty and harassment against married women at the hands of their husbands and in-laws, particularly concerning dowry demands. It was a response to the rising number of dowry deaths and suicides of women within a few years of marriage.
The objective is to protect married women from mental, emotional, and physical cruelty and give them a strong legal remedy against abuse within the matrimonial home.
In 2023, when the Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), this provision was retained in the new code as Section 85 with similar intent and language, reaffirming the state’s commitment to safeguarding women against cruelty.
Provision under Section 498A IPC (before 1st July 2024)
Section 498A IPC:
Whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation —
For the purpose of this section, ‘cruelty’ means:
- Any willful conduct which is 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); or
- Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure to meet such demand.
Provision under Section 85 BNS (from 1st July 2024)
Section 85 BNS retains the same essence as Section 498A IPC, with updated codification:
Whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation —
For this section too, ‘cruelty’ means:
- Willful conduct likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health.
- Harassment to coerce her or her relatives to meet unlawful demands for property or valuable security.
➡️ Punishment under both: Imprisonment up to 3 years + fine
➡️ Cognizable and Non-Bailable offense
Key Ingredients to Constitute Offense
To attract this provision:
- The woman must be legally married.
- The accused must be the husband or his relative.
- There must be cruelty as per the twofold definition (willful conduct endangering life/health or harassment for dowry).
- The cruelty may be mental or physical.
- The offense is cognizable (police can register an FIR and arrest without prior court permission) and non-bailable.
Nature of the Offense
| Particular | Detail |
|---|---|
| Type of Offense | Cognizable |
| Bail | Non-bailable |
| Trial Court | Judicial Magistrate of First Class |
| Punishment | Imprisonment up to 3 years + fine |
Why Was It Needed?
- To address domestic violence, dowry harassment, and mental torture faced by women.
- To provide a legal deterrent against cruelty within the matrimonial home.
- To empower women with a criminal legal remedy when social solutions failed.
Misuse Controversy
Over time, concerns arose that Section 498A was misused by some complainants to settle personal scores or harass the husband’s family.
In Rajesh Sharma v. State of U.P. (2017), the Supreme Court of India acknowledged misuse and laid down certain safeguards:
- No immediate arrest without prior inquiry.
- Setting up Family Welfare Committees to review complaints before FIRs.
Though the Supreme Court later diluted those directions, acknowledging that genuine victims should not be obstructed, the controversy remains.
Important Judicial Interpretations
- Arnesh Kumar v. State of Bihar (2014): Police officers must follow Section 41 CrPC guidelines before making an arrest.
- Kans Raj v. State of Punjab (2000): Emphasized that in-laws cannot be automatically implicated without specific allegations.
Precautions Before Filing or Defending a Case
- Ensure proper evidence like messages, calls, photographs, medical reports of injuries, witness statements.
- Be cautious about false or exaggerated allegations, as courts are alert to misuse.
- Seek counseling and legal advice before initiating proceedings.
Conclusion
Section 498A IPC / 85 BNS is a powerful legal tool meant to protect married women from cruelty by husbands or in-laws, especially in the context of dowry harassment. While it has been effective in bringing awareness and accountability, concerns about its misuse led to procedural safeguards to balance the interests of both parties.
Even today under Bharatiya Nyaya Sanhita, 2023, Section 85 retains the original spirit and framework of the old Section 498A IPC, reaffirming India’s commitment to safeguarding married women from domestic cruelty and abuse.
FAQs
Q. Is 498A/85 BNS a bailable offense?
No, it is a non-bailable offense.
Q. Can anticipatory bail be sought in a 498A/85 BNS case?
Yes, anticipatory bail under Section 438 CrPC can be applied for, depending on facts.
Q. Is it a compoundable offense?
No, it is non-compoundable, meaning it cannot be withdrawn by the complainant without court’s leave.
Q. Does it apply to live-in partners?
No, it applies to legally married women only.
Q. What is the maximum punishment under 498A/85 BNS?
Up to 3 years imprisonment and fine.
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.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304