Excellent query — and very timely, since as you might know, the Bharatiya Nyaya Sanhita, 2023 (BNS) has now replaced the Indian Penal Code (IPC) from 1st July 2024. The corresponding provision for Section 498A IPC is now Section 85 of BNS, 2023.
Let’s cover this in clear detail — comparing both, and explaining the meaning, scope, ingredients, procedure, consequences, important judgments, and concerns of misuse.
What is Section 498A IPC / Section 85 BNS, 2023?
Section 498A IPC (before 1st July 2024) and now Section 85 of Bharatiya Nyaya Sanhita, 2023 are penal provisions aimed at protecting married women from cruelty, harassment, and dowry-related abuse by their husbands or the husband’s relatives.
Text of Section 85 BNS, 2023:
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
Explanation:
‘Cruelty’ means—
- (a) any wilful 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 life, limb or health (whether mental or physical) of the woman; or
- (b) harassment with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security, or on account of failure to meet such demand.
This is almost a word-for-word carry-forward of Section 498A IPC into the BNS.
Key Ingredients (Same under 498A IPC & 85 BNS)
For application of this section:
- The victim must be a married woman.
- The accused must be the husband or a relative of the husband.
- There must be cruelty as per the legal definition:
- Wilful conduct likely to drive the woman to suicide or cause grave harm.
- Harassment for unlawful dowry demands.
Legal Procedure under Section 85 BNS
- Filing of Complaint:
At local police station or before Judicial Magistrate. - Registration of FIR:
Since this is a cognizable and non-bailable offence, police can register an FIR. - Investigation:
Under Arnesh Kumar judgment guidelines, police must verify the genuineness of allegations before arrest. - Arrest:
No automatic arrest — reasons must be recorded in writing. - Chargesheet & Trial:
Police submit a chargesheet under Section 193 BNSS (equivalent to Section 173 CrPC) if a case is made out, followed by trial before Judicial Magistrate First Class.
Consequences of Section 85 BNS / 498A IPC
For the Accused:
- Arrest
- Police custody and criminal trial
- Imprisonment up to 3 years
- Fine (amount at court’s discretion)
- Possibility of attachment of property (if ordered)
- Reputational damage
- Loss of job in some professions (government service, defence, judiciary)
For the Wife:
- Legal protection against abuse
- Basis to seek:
- Protection order under Domestic Violence Act
- Maintenance under Section 125 CrPC
- Divorce on grounds of cruelty under personal laws
- Right to seek custody of children
- Can seek residence in the matrimonial home or alternative accommodation.
Important Judgments (Applicable under BNS too)
- Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273:
Strict guidelines for arrest under Section 498A — police must avoid routine arrests. - Kans Raj vs. State of Punjab (2000) 5 SCC 207:
Precaution against implicating distant relatives unnecessarily. - Rajesh Sharma vs. State of U.P. (2017) 10 SCC 826:
Advisory against misuse of 498A.
All these rulings remain valid under the BNS framework unless specifically overruled.
Concerns of Misuse
Like under 498A IPC, Section 85 BNS is prone to misuse.
- Many cases involve false, exaggerated, or retaliatory allegations.
- Supreme Court acknowledged this in Sushil Kumar Sharma vs. Union of India (2005) and Arnesh Kumar (2014).
- Safeguards like anticipatory bail, quashing petitions, and Family Welfare Committees (as suggested earlier) help in preventing misuse.
Can Section 85 BNS be Settled (Compounded)?
- Not compoundable by default.
- However, High Courts can quash proceedings under their inherent powers under Section 482 CrPC (now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023) on the basis of a settlement.
Key Differences Between Section 498A IPC and Section 85 BNS
| Aspect | Section 498A IPC | Section 85 BNS |
|---|---|---|
| Statute | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Applicability | Upto 30th June 2024 | From 1st July 2024 onwards |
| Text and Definition | Covers cruelty and dowry harassment | Same definition and scope as 498A IPC |
| Procedure & Cognizability | Cognizable, Non-bailable | Same |
| Punishment | 3 years imprisonment + fine | 3 years imprisonment + fine |
| Misuse Safeguards (Arnesh Kumar) | Applicable | Still applicable |
In essence — Section 85 BNS is a direct continuation of Section 498A IPC with no change in scope, punishment, or legal consequences.
Conclusion
Section 85 BNS continues the protective framework of Section 498A IPC to shield married women from cruelty and dowry-related harassment. It retains the same punishments, procedure, and safeguards. While powerful in protecting genuine victims, it equally demands cautious application to prevent its misuse, with procedural protections (like Arnesh Kumar guidelines) still applicable under the BNS regime.
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