Stuck in 498A? Or Need Legal Protection? A Supreme Court Guide for Husbands, Wives & Families

Blog by: Jayprakash B. Somani, Advocate, Supreme Court of India

Section 498A of the Indian Penal Code (IPC) was introduced to protect married women from cruelty, including harassment connected with unlawful dowry demands. Although the IPC has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), the expression “498A case” continues to be widely used. For offences governed by the new laws, the corresponding provisions are Sections 85 and 86 BNS. The applicable law depends on the offence date.

The law must protect genuine victims while preventing prosecution of relatives merely because of their relationship with the husband.

1. What Do Sections 85 and 86 BNS Provide?

Section 85 BNS deals with cruelty by a husband or his relative and provides for imprisonment of up to three years and a fine. Section 86 explains what amounts to cruelty. Broadly, it covers:

Wilful conduct likely to drive a woman to suicide, cause grave injury, or endanger her life, limb or physical or mental health.
Harassment intended to coerce a woman or her relative to meet an unlawful demand for property or valuable security, or harassment because such a demand has not been met.

2. Is Every Matrimonial Dispute an Offence of Cruelty?

No. Arguments, incompatibility, financial disagreements, separation or ordinary family disputes do not automatically amount to criminal cruelty. The alleged conduct must satisfy the statutory ingredients.

In Manju Ram Kalita v. State of Assam, (2009) 13 SCC 330, the Supreme Court distinguished ordinary matrimonial quarrels from legally recognisable cruelty. In Shobhit Kumar Mittal v. State of Uttar Pradesh, 2025 INSC 1152, it highlighted the importance of particulars such as the time, place and nature of alleged harassment. Genuine abuse must not be dismissed as ordinary disagreement, but vague allegations must also be assessed against the statutory ingredients.

3. Can the Husband’s Entire Family Be Named?

Section 85 BNS applies to a husband or a relative of the husband; it does not create automatic criminal liability for every member of the extended family. A person's relationship with the husband, by itself, does not establish guilt. The allegations and the individual role attributed to each accused must be examined.

The Supreme Court has cautioned against general allegations against relatives. Geeta Mehrotra v. State of Uttar Pradesh, (2012) 10 SCC 741, and Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667, stress careful scrutiny of the role attributed to each family member. Kahkashan Kausar @ Sonam v. State of Bihar, (2022) 6 SCC 599, holds that vague and omnibus allegations without specific involvement may amount to abuse of process. Dara Lakshmi Narayana v. State of Telangana, (2025) 3 SCC 735, Mange Ram v. State of Madhya Pradesh, 2025 INSC 962, Dr. Sushil Kumar Purbey v. State of Bihar, 2026 INSC 212, and Sivaraman Nair v. State of Kerala, 2026 INSC 412, as summarised in the source material, further illustrate the importance of examining individual allegations.

The key questions are who allegedly did what, when and where, and what evidence supports the allegation.

4. Arrest Is Not Automatic: The Arnesh Kumar Safeguard

In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Supreme Court addressed unnecessary arrests in offences punishable with imprisonment up to seven years, including Section 498A IPC. Registration of an FIR does not, by itself, make arrest compulsory. The police must consider the legal requirements and necessity of arrest and record reasons as required by law.

For cases governed by the BNSS, Section 35 deals with relevant arrest powers. The FIR, notice to appear, cooperation and recorded reasons for arrest should be examined promptly.

5. Anticipatory Bail, Regular Bail and Quashing

A person apprehending arrest may seek anticipatory bail under Section 482 BNSS, corresponding to former Section 438 CrPC, before the appropriate Sessions Court or High Court. After arrest, regular bail may be sought under applicable provisions, including Sections 480 and 483 BNSS. Bail submissions may address cooperation, residence, flight risk, witness interference and the need for custodial interrogation.

Under Section 528 BNSS, the High Court may exercise inherent powers to prevent abuse of process and secure justice. Quashing is not automatic or a substitute for trial. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, identifies illustrative grounds, including allegations which, even taken at face value, do not disclose an offence. The court asks whether the allegations, even if accepted at face value, satisfy the offence's ingredients against that accused.

6. Legal Remedies Available to a Wife Facing Cruelty

The debate about misuse must never prevent a genuine victim from seeking help. A woman may approach the police under the applicable procedure. Section 173 BNSS deals with information relating to cognizable offences. If the police do not act, remedies may include approaching senior police authorities or the Magistrate.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) offers additional remedies alongside criminal proceedings:

Section 12: Application to the Magistrate.
Section 17: Right to reside in a shared household.
Section 18: Protection orders.
Section 19: Residence orders.
Section 20: Monetary relief.
Section 22: Compensation and damages.
Section 23: Interim and ex parte orders.
Section 31: Consequences of breach of a protection order.

Preserve medical records, photographs, messages, emails, financial documents, lawfully obtained recordings and witness details. A factual complaint supported by evidence is more useful than an exaggerated account. Evidence must never be fabricated or deceptively edited.

7. Evidence, Documentation and Practical Steps for Both Sides

For a husband or relative: Obtain and study the FIR; map each allegation to the accused, date, place and evidence; preserve messages, bank records, photographs and travel documents; avoid threats, retaliation or deletion of records; and seek prompt legal advice on bail or quashing.

For a wife facing cruelty: Prioritise safety and medical care; record incidents accurately; preserve medical, financial and electronic evidence; identify witnesses; and consider criminal remedies and relief under the Domestic Violence Act. Maintain a consistent chronology across proceedings.

Parents and in-laws should retain residence, travel and financial records relevant to their alleged involvement. Separate residence may support a defence when considered with other material, but is not conclusive.

8. Can a 498A Case Be Settled?

A matrimonial settlement does not automatically terminate criminal proceedings. Section 85 BNS should not be treated as an ordinary compoundable offence merely because the parties have reached an agreement. In an appropriate case, the High Court may consider quashing under its inherent jurisdiction. The Supreme Court may also, in suitable matters, exercise its powers under Article 142 to do complete justice.

A voluntary settlement may address divorce, alimony, maintenance, return of stridhan, child custody, visitation and connected proceedings. Mediation can help, but must never pressure a victim to surrender safety or legal rights.

In Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443, the Supreme Court balanced protection of genuine victims with safeguards against unnecessary arrests and misuse. The Court does not presume every complaint false or accept every allegation without scrutiny. Sushil Kumar Sharma v. Union of India, (2005) 6 SCC 281, clarifies that possible misuse does not by itself make the law unconstitutional.

Conclusion: Balance Protection with Fair Procedure

A 498A case—now generally associated with Sections 85 and 86 BNS for offences governed by the new law—must be assessed on its facts, statutory ingredients and evidence. Decisions including Arnesh Kumar, Kahkashan Kausar and Dara Lakshmi Narayana underline individualised scrutiny and due process. Victims should document cruelty and seek protection; accused persons should preserve evidence, avoid retaliation and obtain timely legal advice. Relatives must be assessed on their own alleged conduct.

The central principle: protect genuine victims while ensuring prosecution rests on specific allegations and fair procedure.

Legal information note: This article is for general information and awareness. The applicable provisions and available remedies depend on the facts, the date of the alleged offence and the stage of proceedings. Obtain advice from a qualified lawyer before taking legal action.