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Dowry and cruelty cases (old 498A, now BNS 85): rights of the accused

In short: cruelty by a husband or his relatives is an offence under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (earlier IPC 498A). Genuine complaints deserve full protection, and courts have also recognised that the law is sometimes misused against whole families. The accused have real safeguards: no automatic arrest, anticipatory bail, quashing of vague allegations against relatives by the High Court, and quashing on settlement.

Arrest safeguards

In Arnesh Kumar v. State of Bihar (2014) the Supreme Court held that police must not arrest automatically in such cases, and must first issue a notice of appearance where arrest is not necessary (now BNSS Section 35(3)). In 2025 it approved guidelines that include a cooling-off period before coercive action and referral of complaints to Family Welfare Committees, to allow mediation. If you comply with notices and cooperate, arrest is far less likely.

Steps for the accused

  1. Get a copy of the FIR and note which family members are named and what is alleged against each.
  2. Anticipatory bail from the Sessions Court or High Court for those who fear arrest. See bail guide.
  3. Preserve evidence: messages, emails, financial records, and proof of where relatives live (for relatives who never lived with the couple).
  4. Quashing petition in the High Court (BNSS Section 528, earlier CrPC 482) where allegations against relatives are general and vague. The Supreme Court in Kahkashan Kausar (2022) quashed such omnibus allegations.
  5. Settlement: where the couple settles, the High Court can quash the case on the basis of the compromise.

NRI husbands and families abroad

Complaints against NRIs can lead to Look Out Circulars and passport action. Appearing through counsel, applying for anticipatory bail and permission to travel, and cooperating with notices help avoid being stopped at the airport. See Look Out Circulars.

Questions people ask

What is the new section for 498A?

Cruelty by a husband or his relatives is now Section 85 of the Bharatiya Nyaya Sanhita, with the meaning of cruelty in Section 86. It replaced IPC 498A from 1 July 2024.

Can a 498A or BNS 85 case be quashed?

Yes. The High Court can quash it where the allegations are vague or do not make out an offence, or where the parties have genuinely settled.

Can the police arrest the husband's family immediately?

Arrest must not be automatic. Police must assess the need and normally issue a notice of appearance first. Anticipatory bail is available.

Is a dowry case bailable?

Cruelty under BNS 85 is non-bailable, so bail is at the court's discretion, but anticipatory and regular bail are commonly granted where the accused cooperates.

Related guides

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This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.