Section 498A (Now BNS 85): What Happens After a Cruelty Complaint

A Section 498A complaint can turn a family's life upside down overnight. A police call, a notice, a fear of arrest. Or, on the other side, a woman who has been suffering at home and does not know whether to go to the police.

This guide is written for both sides. It explains what the law says, what usually happens next, and what to do in the first few days.

Note: Section 498A was part of the Indian Penal Code. Since 1 July 2024, the same offence is covered by Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS). People still say "498A", so we use both names here.

What Is Section 498A?

It punishes a husband, or a relative of the husband, who is cruel to a married woman. The punishment can be up to three years in jail, and a fine.

"Cruelty" here has two broad meanings:

• Harm to the woman: conduct likely to push her to suicide, or to cause serious injury to her life, limb or health, physical or mental.
• Harassment over property or dowry: harassing her, or her family, to force them to meet unlawful demands for property or valuables, or harassing her because they did not meet such a demand.

Who Can Be Named in the Complaint?

The husband, and his relatives. In practice, complaints often name the husband's parents, siblings and other family members as well. This is one of the most debated parts of the law, because courts have repeatedly said that vague, general allegations against every relative are not enough.

Is It a Serious Offence in Law?

Yes. Under the usual rules, the offence is:

• Cognizable: police can register an FIR and start investigating.
• Non-bailable: bail is not a matter of right, so a court has to grant it.
• Not compoundable as of right: the two sides cannot just settle it between themselves and have it end. Courts can still quash a case on settlement in suitable situations, usually through the High Court.

What Happens After a Complaint?

1. Complaint or FIR. The woman, or someone on her behalf, goes to the police, a women's cell, or a court.
2. Preliminary inquiry or counselling. Police or a women's cell often call both sides first and try for a settlement.
3. FIR and investigation. If the police register an FIR, they record statements and collect evidence.
4. Notice or arrest. Police may call the accused for questioning, or in some cases arrest.
5. Bail. If arrested, the accused applies for bail. If not yet arrested, they can seek anticipatory bail.
6. Chargesheet. If police find enough evidence, they file a chargesheet. If not, they can file a closure report.
7. Trial. The case goes to the Magistrate's court. Trials can take years.

Can Police Arrest Immediately?

Not automatically. Because of concern about misuse, the Supreme Court, in Arnesh Kumar v. State of Bihar (2014), told police not to arrest mechanically in cases where the punishment is up to seven years. Police should be able to give reasons for arrest, and a Magistrate should check them before authorising detention. In many cases, police should first send a notice asking the person to appear. This notice rule now sits in Section 35 of the BNSS.

In 2025, the Supreme Court also gave backing to guidelines first laid down by the Allahabad High Court, which include a "cooling period" of about two months before arrest in many 498A cases, with the complaint first sent to a family welfare committee. How these rules apply, and where, is still being worked out, so do not assume they protect you. Ask a lawyer what applies to your case and your state.

If You Are the Woman Who Has Been Harmed

• Your safety comes first. If you are in danger right now, call 112 (police) or 181 (women's helpline).
• Write things down. Dates, places, what was said and done, and who saw it.
• Keep evidence safely: messages, call records, photographs, medical records, bank transfers related to dowry demands, and the names of witnesses.
• Get medical help if you were physically hurt, and ask for the report.
• Gifts and jewellery (stridhan): list what you gave and received. This is your property.
• Know your options. A 498A complaint is a criminal route. Separately, the Domestic Violence Act can give protection and a right to stay in your home, and you can claim maintenance.

If a Complaint Has Been Made Against You

Stay calm and do not do anything in anger.

• Do not contact the complainant, threaten, or pressure her or her family. That can strengthen the case against you and affect your bail.
• Do not destroy messages, calls or records. Keep everything. Your own evidence (messages, call records, travel records, proof of where you were) may matter.
• Speak to a lawyer immediately about anticipatory bail and about how to respond to any police notice.
• Cooperate with the police, in the way your lawyer advises. Attend if called, and take your lawyer's advice before giving a statement.
• If relatives are named on vague grounds, your lawyer can raise that. Courts have said that general allegations against many family members need scrutiny.

Misuse and Genuine Cases

This is a sensitive subject. The Supreme Court has said in several judgments that the law can be misused, and that courts must be careful not to let it become a tool for harassment. The same courts have also recognised that real cruelty and dowry harassment are common, and that many women suffer in silence.

So there is no simple rule. Each case depends on its facts and evidence. A complaint is not proof of guilt, and an accused person is not automatically a victim of a false case.

Settlement and Quashing

Because 498A cases often arise from a broken marriage, many end in a settlement, such as a mutual consent divorce with agreed maintenance and property terms. Even then, the criminal case does not end automatically. The accused usually has to approach the High Court to quash the FIR on the basis of the settlement, and the court decides whether to allow it.

If you are considering a settlement, plan the divorce and the criminal case together, with legal advice.

Quick Checklist

If you are complaining: stay safe, collect evidence, get medical records, list your stridhan, and speak to a lawyer before filing.

If you are accused: do not threaten or contact the complainant, preserve your records, and get legal advice on anticipatory bail and on the police notice.

Both sides: keep things in writing, stay calm, and ask about mediation or settlement if it is realistic.

Get Clear Advice Quickly

A 498A matter moves fast, and the first few days matter the most. Whether you are the complainant or the accused, speaking to a lawyer early gives you a clearer picture of your options.

Facing a 498A complaint, or thinking of filing one? Connect with a Legal7 panel lawyer on a call and understand your options and next steps.

This post is general information, not legal advice. Laws and court guidelines change, and every case is different. Please speak to a lawyer about your specific situation.