498A IPC is one of the most discussed provisions of Indian criminal law. It punishes a husband or his relatives for subjecting a married woman to cruelty. Since 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and the old Section 498A now appears as Section 85 BNS, with the meaning of “cruelty” set out in Section 86 BNS. This guide explains what the section covers, its punishment, how a complaint works and how the law is applied in practice.
What Is 498A IPC and Where Is It in the BNS?
Section 498A IPC made it an offence for the husband, or any relative of the husband, to subject a woman to cruelty. The BNS keeps the substance of this offence. The offence is now in Section 85 BNS, while the definition of cruelty has been placed separately in Section 86 BNS. Searches such as “498A IPC in BNS” or “Section 498A IPC equivalent in BNS” therefore lead to these two sections.
For incidents that took place before 1 July 2024, cases are generally still dealt with under the old IPC provision. For later incidents, the BNS applies.
What Counts as Cruelty Under Section 498A IPC (Section 86 BNS)?
The law does not limit cruelty to physical violence. It covers two broad situations:
- Wilful conduct that is likely to drive a woman to suicide, or to cause grave injury or danger to her life, limb or health (physical or mental).
- Harassment to force a dowry or property demand, that is, harassing the woman or her family to compel them to meet an unlawful demand for property or valuable security, or harassing her because they have failed to meet it.
Ordinary quarrels or the normal friction of married life are not automatically cruelty. Courts look for conduct that is serious and shown by facts, not just a general allegation.
Who Can Be Accused?
The husband and his relatives can be named. Courts have repeatedly cautioned that distant relatives should not be roped in without specific allegations against them.
498A IPC Punishment
The punishment under Section 85 BNS is imprisonment of up to three years and a fine. This is the same as the 498A IPC punishment under the old code.
Is 498A IPC Bailable or Non-Bailable?
The offence is cognizable and non-bailable. Cognizable means the police can register an FIR and investigate without a court order. Non-bailable means bail is not a matter of right and must be sought from the court. If you want to understand the difference in detail, read our guide on bailable and non-bailable offences in India.
An accused who fears arrest may apply for pre-arrest protection, explained in our article on anticipatory bail under Section 482 BNSS.
How Is a Complaint Filed?
- Police complaint or FIR: The woman or someone on her behalf can approach the local police station or a women’s police cell and report the cruelty. Because the offence is cognizable, an FIR can be registered.
- Complaint before a Magistrate: If the police do not act, a complaint can be made directly to the Magistrate.
- Evidence: Messages, medical records, photographs, bank statements, witness accounts and records of dowry demands strengthen a case.
Cruelty can also be addressed through civil remedies such as protection orders and residence rights. Our guide to the Domestic Violence Act in India explains these.
Section 498A IPC Misuse and Supreme Court Safeguards
Courts have acknowledged concerns about misuse of Section 498A, especially where entire families are named in vague complaints. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that police should not arrest automatically in offences punishable up to seven years. Officers are expected to record reasons for arrest and, in suitable cases, issue a notice of appearance instead (the CrPC Section 41A procedure, now found in the BNSS). Magistrates are also expected to check that an arrest is justified.
At the same time, genuine victims should not be discouraged from complaining. The safeguards are meant to prevent mechanical arrests, not to dilute protection against real cruelty.
Can a 498A Case Be Settled or Quashed?
The offence is traditionally treated as non-compoundable, meaning the parties cannot simply withdraw it on their own. However, High Courts and the Supreme Court have, in appropriate matrimonial disputes where the parties have settled, exercised their inherent powers to quash proceedings. Whether this is available depends on the facts, so legal advice is important.
Related Offences
- Dowry death: Previously Section 304B IPC, this now has a corresponding provision in the BNS and is far more serious than cruelty.
- Dowry Prohibition Act, 1961: Prohibits giving or taking dowry.
Useful Official Resources
You can read the official legislative background and summaries of the new criminal laws on PRS Legislative Research: Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023.
Frequently Asked Questions
What is the new section number for 498A IPC in the BNS?
The offence of cruelty by a husband or his relatives is now Section 85 BNS, and the definition of cruelty is in Section 86 BNS.
Is 498A IPC bailable or not?
It is a cognizable and non-bailable offence, so bail has to be applied for before the court.
What is the punishment under 498A IPC?
Imprisonment of up to three years and a fine.
Can the in-laws be arrested automatically under 498A?
Not automatically. Supreme Court guidelines require the police to justify an arrest and, in many cases, follow the notice-of-appearance procedure first.
Disclaimer: This article provides general information only and is not legal advice. Laws and court interpretations change, and every case depends on its own facts. Please consult a qualified advocate before taking any legal action.