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498A BNS: Cruelty Law Now in Sections 85 and 86 Explained

Cruelty by a husband or his relatives towards a married woman is a crime. The old section 498A IPC now lives in sections 85 and 86 of the Bharatiya Nyaya Sanhita, with the same core meaning.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

The change in numbering

From 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code. Section 498A was carried over almost word for word and split in two:

• Section 85 BNS makes it an offence for the husband, or a relative of the husband, to subject a woman to cruelty. The punishment is imprisonment of up to three years and a fine.
• Section 86 BNS defines "cruelty".

Offences committed before 1 July 2024 are still tried under section 498A IPC.

What cruelty means

Section 86 covers two kinds of conduct:

• any wilful conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb or health, whether mental or physical; or
• harassment meant to coerce her or her relatives into meeting an unlawful demand for property or valuable security, such as dowry, or harassment because of failure to meet such a demand.

How the offence is classified

The offence is cognisable (police can register an FIR and investigate without a magistrate's prior order), non-bailable (bail is at the court's discretion, not a right) and non-compoundable (it cannot simply be withdrawn by settlement; where parties settle, they usually approach the High Court to quash the case).

Arrest safeguards: Arnesh Kumar (2014)

In Arnesh Kumar v. State of Bihar (2 July 2014), the Supreme Court held that police should not arrest automatically in section 498A cases. Its directions, which apply to offences punishable with up to seven years, include:

• the police officer must be satisfied that arrest is necessary, using the conditions in the arrest provision, and record reasons in a checklist;
• the checklist and reasons are forwarded to the magistrate, who authorises detention only after examining them;
• where arrest is not needed, a notice of appearance should be issued instead;
• failure to follow the directions can lead to departmental action and contempt.

The old CrPC sections 41 and 41A now correspond to section 35 of the BNSS, including the notice of appearance in section 35(3), and courts continue to apply the Arnesh Kumar directions under the new law. In 2023 the Supreme Court again directed strict compliance.

Family welfare committees: Rajesh Sharma and Social Action Forum

In Rajesh Sharma v. State of U.P. (27 July 2017), a two-judge bench directed that 498A complaints be first referred to district family welfare committees, with no arrest until their report. In Social Action Forum for Manav Adhikar v. Union of India (14 September 2018), a three-judge bench modified that ruling and held that the committee directions were impermissible, while keeping arrest safeguards and allowing exemption from personal appearance and video conferencing for family members in suitable cases.

The misuse debate, fairly put

There are two genuine concerns, and both deserve respect. Women's rights groups point out that cruelty and dowry harassment remain serious, under-reported problems, and that the law exists because many women had no other protection. Courts have also noted cases where complaints sweep in distant relatives with vague allegations, and have quashed such cases where there were no specific allegations. The law's answer has been safeguards on arrest and careful judicial scrutiny, not dilution of the offence.

If you are the complainant

• You can file at the police station or before the magistrate; a woman can also seek quicker civil protection under the Domestic Violence Act.
• Give specific dates, incidents and names, and keep documents and messages.
• Ask about free legal aid through your District Legal Services Authority.

If you are in danger right now, call 112, the national emergency number. The Women Helpline 181 runs round the clock and can connect you to the police, a One Stop Centre, medical help and counselling. The National Commission for Women lists its 24x7 helpline as 14490.

If you are accused

• Do not ignore notices. Respond through a lawyer.
• You can apply for anticipatory bail in appropriate cases.
• Where the case is settled between the spouses, a petition to the High Court to quash proceedings is the usual route.

Related

A cruelty finding in a criminal case is separate from cruelty as a ground for divorce, though the same facts may be relevant to both.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• Bharatiya Nyaya Sanhita, 2023 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code)
• LiveLaw: Arnesh Kumar v. State of Bihar, no automatic arrest in 498A cases
• Supreme Court: Social Action Forum for Manav Adhikar v. Union of India (2018)
• iPleaders: cruelty to wife, 498A and BNS sections 85 and 86

After marriage: more

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