Section 498A IPC / BNS Section 85: Cruelty by Husband, Essentials, Arnesh Kumar Guidelines and SC Cases 2026
Section 498A IPC | Section 85 BNS | 498A kyahai | Cruelty by Husband | Section 86 BNS Definition | Arnesh Kumar Guidelines | Bail in 498A | Misuse SC Cases | Rajesh Sharma | Rupali Devi | Shivangi Bansal 2025 | Judiciary Exam Notes | July 2026
| Section 498A IPC / BNS Section 85 — Quick Reference: Old section: Section 498A IPC 1860 (inserted 1983) New section: Section 85 BNS 2023 (in force from 1 July 2024) Definition of cruelty: Section 86 BNS (was Explanation to Section 498A IPC) Who can be accused: Husband OR any relative of the husband Nature: Cognizable | Non-bailable | Non-compoundable Punishment: Imprisonment up to 3 years + fine Triable by: Judicial Magistrate First Class Cases before 1 July 2024: Tried under Section 498A IPC Cases from 1 July 2024 onwards: Section 85 BNS applies Key SC cases: Arnesh Kumar (2014) — no automatic arrest Rajesh Sharma (2017) — Family Welfare Committee Social Action Forum (2018) — FWC struck down Rupali Devi (2019) — jurisdiction where wife resides Shivangi Bansal (2025) — cooling period concept |
Section 498A IPC — now Section 85 BNS from 1 July 2024 — is one of the most searched and most litigated criminal provisions in India. Section 498A deals with cruelty by a husband or his relatives against a married woman, whether physical, mental, or connected to dowry demands. The cruelty under Section 498A IPC and its successor BNS Section 85 covers conduct that may drive a woman to suicide, cause her grave injury, or harassment to extract property or money. Cognizable, non-bailable, and non-compoundable — a Section 498A / BNS 85 FIR means police can arrest without a warrant, bail is not automatic, and the parties cannot settle and withdraw the case without court permission.
Section 498A IPC and Section 85 BNS — What Changed, What Did Not
When the Bharatiya Nyaya Sanhita 2023 replaced the Indian Penal Code from 1 July 2024, Section 498A IPC became Section 85 BNS. The offence description, the punishment, and the nature (cognizable, non-bailable, non-compoundable) remained identical. The one structural change: in the IPC, the definition of “cruelty” appeared as the Explanation to Section 498A itself. In the BNS, the offence and the definition were separated — Section 85 BNS creates the offence and sets the punishment; Section 86 BNS separately defines “cruelty.”
| Aspect | Section 498A IPC | Section 85 / 86 BNS |
| Effective from | 1983 — inserted by Criminal Law Amendment Act | 1 July 2024 — BNS 2023 in force |
| Offence | Husband or relative subjecting wife to cruelty | Same — identical language |
| Definition of cruelty | Explanation to Section 498A itself | Separately defined in Section 86 BNS |
| Punishment | Up to 3 years + fine | Same — up to 3 years + fine |
| Nature | Cognizable, non-bailable, non-compoundable | Same |
| Bail procedure | Section 437/439 CrPC | Section 480/483 BNSS |
| Quashing | Section 482 CrPC — High Court | Section 528 BNSS — High Court |
| Cases before 1 July 2024 | Continue under Section 498A IPC | Section 498A IPC still applies to old cases |
Section 86 BNS — Definition of Cruelty (Two Limbs)
Section 86 BNS defines cruelty for the purposes of Section 85 BNS. The definition has two distinct limbs — both are tested separately in Prelims MCQs and Mains answers.
| Section 86 BNS — Two Limbs of “Cruelty”: LIMB A — Wilful conduct: 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. LIMB B — Harassment for dowry or unlawful demand: 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 by her or any person related to her to meet such demand. Key exam point: Limb A covers ALL forms of mental and physical cruelty — not just dowry-related. Limb B specifically covers dowry harassment. Both limbs are independent — either is sufficient for Section 85 BNS. Not every quarrel is cruelty: Manju Ram Kalita v. State of Assam (2010) SC — small arguments do not constitute cruelty. Conduct must be continuous, persistent, or proximate to the complaint. |
Arnesh Kumar v. State of Bihar (2014) — No Automatic Arrest Under 498A / BNS 85
This is the single most important Supreme Court case on Section 498A IPC / BNS Section 85 and is directly tested in every judiciary exam. A two-judge bench held that police must not automatically arrest the husband and his relatives merely because an FIR has been registered under Section 498A IPC. Arrest is not mandatory — it must be based on a satisfied checklist.
| Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 — Mandatory Guidelines: 1. Police must satisfy themselves that arrest is necessary — Section 41 CrPC (now Section 35 BNSS) checklist must be applied before every arrest. 2. A magistrate must apply their mind before authorising detention — mechanical remand orders are not acceptable. 3. Magistrates must record reasons for authorising detention in 498A cases. 4. High Courts and Sessions Courts should grant bail liberally in 498A cases where the accused is not likely to flee or tamper with evidence. 5. Notices under Section 41A CrPC (now Section 35(3) BNSS) should be issued first in 498A cases — arrest should follow only if the accused does not cooperate with the investigation. These guidelines apply equally to Section 85 BNS cases from 1 July 2024. All 498A SC precedents are binding for Section 85 BNS — the offence is identical, only the section number changed. |
Other Important Supreme Court Cases
Rajesh Sharma v. State of UP (2017) and Social Action Forum v. UOI (2018)
In Rajesh Sharma v. State of UP (2017) 6 SCC 1, the Supreme Court directed that every district must constitute Family Welfare Committees (FWCs) to examine Section 498A complaints before any arrest. The intention was to check misuse. However, in Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443, a three-judge bench partially modified this — holding that the Rajesh Sharma directions regarding FWCs were not in consonance with the statutory scheme. The Arnesh Kumar guidelines were upheld as the primary safeguard. FWCs were not made mandatory. The current position: no automatic FWC reference, but Arnesh Kumar arrest checklist is mandatory.
Rupali Devi v. State of UP (2019) 5 SCC 384 — Jurisdiction
A Constitution Bench held that a criminal court at the place where the wife takes refuge after leaving the matrimonial home — or where she presently resides — has jurisdiction to try Section 498A IPC / BNS Section 85 complaints. This reversed the earlier practice of requiring the FIR to be filed only at the place where the matrimonial home was located. A wife in Delhi can file a Section 498A / BNS 85 complaint at the Delhi court even if the matrimonial home was in Jaipur.
Shivangi Bansal v. Sahib Bansal (2025) — Cooling Period
In 2025, the Supreme Court accepted the “cooling period” concept in Section 498A / BNS 85 cases — acknowledging that a mandatory cooling-off period before arrest may help prevent hasty and sometimes false complaints from destroying families irreversibly. The Court noted the low conviction rate (RTI data from Delhi courts showed only 0.2% of 498A/85 BNS trials ending in conviction) and the high rate of quashing (47% of cases). The implications of this judgment are still being worked out in High Courts as of July 2026 — anticipatory bail applications in BNS 85 cases have been citing Shivangi Bansal in arguing for more liberal bail pending investigation.
Section 498A / BNS 85 — Non-Compoundable: What It Means
Non-compoundable means the parties cannot settle the case and withdraw it between themselves without court permission. If a wife files an FIR under Section 498A / BNS 85 and later wants to withdraw because of reconciliation, she cannot simply tell the police to drop it. The FIR and charge sheet are the State’s case — not hers alone. However, the High Court can quash the proceedings under Section 528 BNSS (was Section 482 CrPC) if the parties have genuinely settled — particularly in matrimonial cases where settlement is a complete resolution of the dispute between the parties.
| Who Can Quash a Section 498A / BNS 85 FIR: Only the HIGH COURT — under Section 528 BNSS (Section 482 CrPC) Gian Singh v. State of Punjab (2012) 10 SCC 303 — quashing of matrimonial cruelty cases is permissible where parties have genuinely settled and continuing prosecution would be an exercise in futility. The wife and husband CANNOT simply tell the Magistrate to close the case. They must approach the High Court with a joint application and a settlement agreement — usually in the context of a divorce or family settlement deed. Exam point: Non-compoundable = parties cannot settle without court. But quashing by High Court on settlement = allowed in matrimonial cases. |
FAQs — Section 498A IPC / BNS Section 85
What is Section 498A IPC / BNS 85?
Section 498A IPC — now Section 85 BNS — is a law designed to protect a married woman from cruelty by her husband or her husband’s relatives. Under this provision, physical or mental cruelty that may drive a woman to commit suicide or cause serious injury or danger to her life, limb, or health, as well as harassment related to an unlawful demand for dowry, constitutes an offence. The punishment is imprisonment for up to three years and fine. The offence is cognizable and non-bailable. Cases governed by the old criminal laws continue to be dealt with under Section 498A IPC, while offences under the new criminal laws are dealt with under Section 85 BNS, subject to the applicable transitional provisions.
Can Bail Be Granted in Section 498A / BNS 85 Cases?
Section 498A IPC / Section 85 BNS is a non-bailable offence, which means bail is not automatic. However, bail can be granted by the competent court. For regular bail, the accused may approach the Magistrate under Section 480 BNSS or the Sessions Court / High Court under Section 483 BNSS, as applicable. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court laid down important safeguards against unnecessary arrests in cases involving Section 498A IPC. Under the new criminal procedure, the police are required to comply with the requirements of Section 35 BNSS before making an arrest. While deciding bail, the court generally considers factors such as the nature and seriousness of the allegations, the possibility of the accused fleeing from justice, the possibility of influencing witnesses or tampering with evidence, the accused’s antecedents, and the overall facts and circumstances of the case.
What is the difference between Section 498A IPC and BNS Section 85?
Substantively, there is no difference — Section 85 BNS is the direct replacement for Section 498A IPC, carrying the same offence, same punishment (up to 3 years imprisonment + fine), same nature (cognizable, non-bailable, non-compoundable), and same jurisprudence. The only structural change is that in BNS, the definition of “cruelty” was separated into Section 86 BNS (it was the Explanation to Section 498A in IPC). Cases registered before 1 July 2024 continue under Section 498A IPC; cases from 1 July 2024 are under Section 85 BNS. All Supreme Court judgments on Section 498A IPC — including Arnesh Kumar (2014), Rupali Devi (2019), Rajesh Sharma (2017), and Social Action Forum (2018) — are binding for Section 85 BNS.
Related Articles
→ The Case of Arnesh Kumar v. State of Bihar (2014) — Full Analysis — No automatic arrest in 498A/BNS 85 — Section 35 BNSS checklist mandatory
→ Dowry Death: Section 80 BNS, Section 304B IPC and SC Cases — Section 85 BNS cruelty and Section 80 BNS dowry death often charged together
→ Domestic Violence Act 2005: Sections, Five Orders and SC Cases — DV Act civil relief complements Section 85 BNS criminal prosecution
→ Zero FIR Meaning: Section 173 BNSS, How to File and 2025 SC Cases — Section 85 BNS FIR can be filed at any police station under zero FIR
→ BNS Bharatiya Nyaya Sanhita 2023: Sections, IPC Comparison and Exam Notes — Section 85 86 BNS — cruelty by husband — complete IPC to BNS mapping
→ BNSS vs CrPC: Complete Section-Wise Comparison for Judiciary Exam — Section 482 CrPC → Section 528 BNSS — quashing of 498A FIRs
→ Bail Law India 2026: Section 479 BNSS, Types of Bail and SC Cases — Bail in Section 85 BNS cases under Section 480 and 483 BNSS
→ RJS Online Coaching — Live Classes and Verified Results — Section 498A / BNS 85 is tested in RJS Mains criminal law paper every cycle
→ Best Haryana Judiciary Coaching — HJS Exam Pattern and Online Classes — HJS Prelims MCQs on Section 498A / BNS 85 — section numbers, nature, punishment
All the best — from Jyoti Judiciary Coaching
Written by Advocate Jyoti Saxena — LLB, LLM, CS, Bar Council of Rajasthan, practising at Jaipur Family Court, Jaipur District Court, and the Rajasthan High Court. Section 498A IPC and BNS Section 85 matters are a regular part of family and criminal court practice in Rajasthan. All BNS references verified from the Bharatiya Nyaya Sanhita 2023 (Act No. 45 of 2023). SC case citations verified from SCC Online and main.sci.gov.in. Contact: +91 99290 96546 | jyotijudiciary.com
