Understanding Section 498A of the Indian Penal Code and Section 85 of the Bharatiya Nyaya Sanhita, 2023

Yash Patel
Sep 9
3 min read

Updated: Sep 13

What is Section 498A (IPC) and Section 85 (BNS)?

Section 498A of the Indian Penal Code and its corresponding provision Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 are crucial legal protections designed to safeguard married women from cruelty inflicted by their husbands and relatives.

Important Legal Update: With the implementation of the Bharatiya Nyaya Sanhita on July 1, 2024, Section 498A of the IPC has been replaced by Section 85 of the BNS. The new law maintains identical provisions with the same scope, punishment, and legal consequences.

The Legal Framework Under BNS

Section 85 of the BNS states: "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine".

Section 86 of the BNS provides the definition of cruelty, which was previously included as an explanation under Section 498A of the IPC. This separation makes the law more structured and clearer.

Understanding "Cruelty" Under Section 86 BNS

The definition of cruelty under Section 86 of the BNS encompasses both physical and mental harassment:

Physical Cruelty

Any willful conduct likely to drive the woman to commit suicide
Actions causing grave injury or danger to her life, limb, or health (mental or physical)
Physical violence, assault, or harmful behavior threatening physical well-being

Mental Cruelty

Dowry-related harassment - persistent demands for money, property, or gifts
Harassment with intent to coerce her or relatives to meet unlawful demands for property or valuable security
Emotional abuse, threats, and intimidation
Social isolation from family and friends
Constant criticism and humiliation

The Supreme Court has noted that Sections 85 and 86 of the BNS are essentially a "verbatim reproduction" of Section 498A IPC, with the only difference being the structural separation of the definition into Section 86.

Legal Status and Characteristics Under BNS

Section 85 BNS maintains the same serious criminal offense classification:

Cognizable Offense: Police can arrest without a warrant
Non-bailable Offense: Bail is not automatically granted
Non-compoundable: The case cannot be easily settled outside court
Punishment: Up to 3 years imprisonment and fine
Trial: By Magistrate of the First Class

Supreme Court Guidelines and Recent Developments

The Arnesh Kumar Guidelines (2014) continue to apply under the BNS framework:

Continuing Protection Guidelines:

1. No Automatic Arrests: Police must assess necessity before arresting

2. Section 41A Notice: Accused must receive notice to appear for investigation

3. Recorded Justification: Police must document reasons for arrest in writing

4. Magistrate Review: Courts must scrutinize arrest necessity

Enhanced Safeguards Under BNS Era

In July 2025, the Supreme Court reinforced additional protections:

Two-month "cooling-off" period before arrests in matrimonial disputes
Family Welfare Committee involvement for mediation
Enhanced protection against misuse while maintaining women's rights

Supreme Court's Concerns About BNS Sections 85 & 86

The Supreme Court has expressed significant concerns about the direct replication of Section 498A provisions in the BNS without adequate safeguards. In the Achin Gupta vs. State of Haryana case (2024), the Court requested the Legislature to consider necessary changes to Sections 85 and 86 of the BNS before their implementation.

The Court emphasized that “police machinery cannot be utilized for holding husband to ransom" and warned against the mechanical application of these provisions in matrimonial disputes.

Filing Procedure Under Section 85 BNS

Step-by-Step Process:

1. File Complaint: Approach nearest police station or women's helpline

2. Document Evidence: Gather medical reports, call records, messages, and witness statements

3. FIR Registration: Police register First Information Report following BNS provisions

4. Investigation: Police conduct inquiry following Supreme Court guidelines

5. Legal Proceedings: Case proceeds to court under BNS framework

Legal Rights and Protections Under BNS

Women facing marital cruelty continue to have comprehensive legal protections under the new framework:

Immediate Relief:

Emergency police protection under BNS provisions
Medical assistance for injuries
Shelter in protection homes
Legal aid from government schemes

Long-term Solutions:

Criminal prosecution under Section 85 BNS
Compensation for damages
Divorce proceedings on grounds of cruelty
Maintenance and alimony rights

Protection Against False Cases Under BNS

The new legal framework maintains safeguards against misuse:

For the Accused:

Anticipatory bail applications under corresponding BNSS provisions
FIR quashing in High Court under inherent powers
Counter-cases for defamation, false evidence, or criminal conspiracy
Compensation claims for malicious prosecution

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. It is strongly recommended to consult with a qualified legal professional for your specific real estate matters.