Cruelty by a husband or his relatives was an offence under Section 498A of the Indian Penal Code. Since 1 July 2024, the same offence appears in Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS), punishable with imprisonment of up to three years and fine. Dowry death is covered by Section 80 BNS.
What “cruelty” means
Cruelty includes wilful conduct likely to drive a woman to suicide or cause grave injury to her life, limb or health (mental or physical), and harassment to coerce her or her relatives to meet unlawful demands for property, including dowry.
Protection for the complainant
The provision is an important protection for women facing violence or dowry demands. A complaint can be made to the police, and remedies are also available under the Protection of Women from Domestic Violence Act, 2005, including protection orders, residence orders and monetary relief.
Safeguards against misuse
The Supreme Court has also recognised the need to prevent misuse:
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273: police should not arrest automatically in such cases and must follow the checklist for arrest in offences punishable with up to seven years.
- Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443: the Court withdrew earlier directions for Family Welfare Committees but left it open to the High Courts to quash proceedings and to courts to grant bail and anticipatory bail where appropriate.
- Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667: courts should be careful where distant relatives are roped in with general allegations.
- Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953 (decided 10 December 2024): the Supreme Court quashed proceedings against the husband’s family members, holding that vague and generalised allegations without specific instances cannot justify prosecution, and cautioned against the use of the provision as a tool for personal vendetta.
For both sides
- Specific dates, incidents and evidence matter more than general statements.
- Mediation is often available and may be encouraged by courts in matrimonial disputes.
- Remedies such as quashing under Section 528 BNSS (earlier Section 482 CrPC) depend on the facts of each case.
Key judgments
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.
- Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443.
- Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667.
- Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953.
This article is published for general information only. It does not constitute legal advice or solicitation, and no lawyer–client relationship is created by reading it.