IPC 498A (now BNS 85): cruelty by a husband or his relativesधारा 498A IPC (अब BNS 85): पति या ससुराल द्वारा क्रूरता
The number section 498A has now, what counts as cruelty, who can report it, and the time limits that apply.धारा 498A अब कौन-सी धारा है, क्रूरता किसे माना जाता है, इसकी रिपोर्ट कौन कर सकता है, और कौन-सी समय-सीमाएँ लागू होती हैं।
IPC 498A — cruelty by a husband or his relatives — is now section 85 of the Bharatiya Nyaya Sanhita, for conduct on or after 1 July 2024. It punishes a husband, or a relative of the husband, who subjects a woman to cruelty, with imprisonment of up to three years and fine; section 86 defines cruelty. It is non-bailable, not compoundable, and tried by a Magistrate of the first class. The police may act on their own only when the woman, a relative, or a notified public servant gives the information.भारतीय दंड संहिता की धारा 498A — पति या उसके रिश्तेदारों द्वारा क्रूरता — 1 जुलाई 2024 या उसके बाद के आचरण के लिए अब भारतीय न्याय संहिता की धारा 85 है। यह उस पति, या पति के रिश्तेदार, को दंडित करती है जो किसी महिला के साथ क्रूरता करता है — तीन वर्ष तक का कारावास और जुर्माना; क्रूरता की परिभाषा धारा 86 में है। यह अज़मानतीय, अशमनीय है और इसका विचारण प्रथम श्रेणी मजिस्ट्रेट करता है। पुलिस स्वयं कार्रवाई तभी कर सकती है जब सूचना महिला, उसका कोई रिश्तेदार, या अधिसूचित लोक सेवक दे।
Punishes a husband, or a relative of the husband, who subjects a woman to cruelty as defined in section 86.उस पति, या पति के रिश्तेदार, को दंडित करती है जो किसी महिला के साथ धारा 86 में परिभाषित क्रूरता करता है।
- Nowअब
- BNS 85 — Husband or relative of husband of a woman subjecting her to cruelty
- Wasपहले
- IPC 498A
- Punishmentसज़ा
- Imprisonment up to 3 years, and fine3 वर्ष तक का कारावास, और जुर्माना
- Arrest without warrantबिना वारंट गिरफ़्तारी
- Only on conditionsकेवल शर्तों पर
- Bailज़मानत
- Non-bailableअज़मानतीय
- Compoundingसमझौता (शमन)
- Not compoundableशमनीय नहीं
- Tried byविचारण न्यायालय
- Magistrate of the first classप्रथम श्रेणी मजिस्ट्रेट
Read this first: पहले यह पढ़ें: The police may register and investigate on their own only when the information comes from the woman, a relative by blood, marriage or adoption, or — if she has no such relative — a public servant of a class the State Government has notified. The Schedule’s words are quoted below.पुलिस स्वयं मामला दर्ज करके जाँच तभी कर सकती है जब सूचना महिला, रक्त, विवाह या दत्तक से उसके किसी रिश्तेदार, या — ऐसा कोई रिश्तेदार न हो तो — राज्य सरकार द्वारा अधिसूचित वर्ग के किसी लोक सेवक से आए। अनुसूची के शब्द नीचे उद्धृत हैं।
One provision of the Indian Penal Code was spread across more than one provision of the Bharatiya Nyaya Sanhita. Describing this as a renumbering would be wrong.
| IPC 498A | becomes BNS 85 | split |
|---|
Key takeaways
- IPC 498A was split: the offence and its punishment are now BNS section 85, and the Explanation defining cruelty is now section 86.
- Cruelty has two limbs in section 86: grave wilful conduct of the kind clause (a) describes, including danger to her life, limb or health, mental or physical, and harassment over an unlawful demand for property or valuable security.
- The First Schedule makes the offence cognizable only where the woman, a relative by blood, marriage or adoption, or — if there is none — a notified public servant gives the information.
- A court takes cognizance only on a police report, or on a complaint by the woman or one of the relatives named in BNSS section 220.
- The time limit for a court to take cognizance is three years, and a court may extend it where the delay is properly explained (BNSS ss. 514, 519).
मुख्य बातें
- IPC 498A बाँट दी गई: अपराध और उसकी सज़ा अब BNS धारा 85 है, और क्रूरता की परिभाषा वाला स्पष्टीकरण अब धारा 86 है।
- धारा 86 में क्रूरता के दो भाग हैं: खंड (a) में वर्णित गंभीर जानबूझकर आचरण, जिसमें उसके जीवन, अंग या स्वास्थ्य — मानसिक या शारीरिक — को ख़तरा शामिल है; और संपत्ति या मूल्यवान प्रतिभूति की अवैध माँग को लेकर उत्पीड़न।
- प्रथम अनुसूची इस अपराध को संज्ञेय केवल तब बनाती है जब सूचना महिला, रक्त, विवाह या दत्तक से उसका कोई रिश्तेदार, या — कोई न हो तो — अधिसूचित लोक सेवक दे।
- न्यायालय संज्ञान केवल पुलिस रिपोर्ट पर, या महिला या BNSS धारा 220 में नामित किसी रिश्तेदार के परिवाद पर लेता है।
- न्यायालय के संज्ञान लेने की समय-सीमा तीन वर्ष है, और देरी का उचित कारण बताए जाने पर न्यायालय इसे बढ़ा सकता है (BNSS धारा 514, 519)।
अपराध के तत्व, ज़मानत और गिरफ़्तारी का वर्गीकरण, सज़ा और प्रक्रिया का पूरा विश्लेषण नीचे अंग्रेज़ी में है।
What BNS 85 covers
The section is made out when each of the elements below is present. They are set out in the order the Act states them.
- The accused is her husband, or a relative of her husband
Section 85 reaches only these two. Cruelty by anyone else is not this offence, though it may be another.
and - Who subjects the woman to cruelty
The conduct is directed at the woman herself. Under clause (b) the harassment must be of her, though the demand it presses may be one made on her or on any person related to her.
and - The conduct is “cruelty” under section 86 — clause (a) or clause (b)
(a) wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health, mental or physical; or (b) harassment to coerce her or a relative to meet an unlawful demand for property or valuable security, or on account of failure to meet it.
Section 85 creates the offence; section 86 defines cruelty for it. The elements are read from the two together. Either limb of section 86 is enough — both are not needed.
- IPC 498A — the offence and its punishmentBNS 85
A husband or relative of the husband who subjects a woman to cruelty: up to three years, and fine.
- IPC 498A — the ExplanationBNS 86, clause (a)
Wilful conduct 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).
- IPC 498A — the ExplanationBNS 86, clause (b)
Harassment to coerce her or any person related to her to meet an unlawful demand for property or valuable security, or on account of failure to meet it.
Clause wording from sections 85 and 86 as enacted. Section 86 applies only “for the purposes of section 85”, and the presumption in section 117 of the Bharatiya Sakshya Adhiniyam borrows the same definition.
Is BNS 85 bailable, cognizable and compoundable?
Arrest, bail and the court come from the First Schedule to the BNSS; compounding comes from section 359. What follows from each label is given with it.
- ArrestOnly on conditions
The police may act on their own only if the information comes from the people the Schedule names. Its words are quoted below.
- BailNon-bailable
Non-bailable means bail is not an automatic right. Under BNSS section 480, the officer in charge of a police station or the competent court may grant bail, subject to the restrictions applicable to offences punishable with death or imprisonment for life and the other conditions in that section. The High Court and Court of Session have separate bail powers under section 483.
- CompoundingNot compoundable
The complainant cannot end the case by settling it. BNSS s. 359 lists every offence that may be compounded and this one is not on either list, so only the court can end the case.
- Tried byMagistrate of the first class
Tried by a Judicial Magistrate of the first class, whose sentencing power is capped, so the charge is expected to stay within that cap.
The Schedule’s words — 85Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.
Read from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (printed page 179), and section 359 for compounding. These are the national labels. A State notification saved by BNSS s. 531(2)(b), or a State amendment, can change them in that State; where one has been verified it is shown here.
Two separate rules: whose information lets the police act on their own, and whose complaint a court may act on. A police report satisfies the second on its own.
| Who | Police may act on it (First Schedule) | Court complaint (BNSS s. 220) |
|---|---|---|
| The woman herself | Yes | Yes |
| Her father, mother, brother or sister | Yes | Yes |
| Her father’s or mother’s brother or sister | Yes | Yes |
| Any other relative by blood, marriage or adoption | Yes | Only with the court’s leave |
| A notified public servant | Only if she has no such relative | Not named |
| Anyone else | Outside the condition | Not named |
Drafting the complaint itself is covered on the dowry complaint format page. Where the cruelty is followed by a death within seven years of marriage, see BNS 80, dowry death. Family-law remedies are on the divorce pages.
Punishment for cruelty, against the offences around it
Section 85 carries imprisonment for a term which may extend to three years, and the offender “shall also be liable to fine”. There is no minimum term. Because the maximum is three years, the case is tried by a Magistrate of the first class, and the three-year limitation period in BNSS section 514 applies. Graver outcomes are separate offences with pages of their own: a death within seven years of marriage after cruelty over dowry is dowry death under section 80.
- BNS 80 — dowry death7 years to life
- BNS 108 — abetment of suicideup to 10 years
- BNS 85 — cruelty by husband or relativesthis pageup to 3 years
- BNS 84 — enticing or detaining a married womanup to 2 years, or fine
- BNS 115(2) — voluntarily causing hurtup to 1 year, or fine
From the section text. The full-width bar is imprisonment for life, which has no equivalent in years. A maximum is a ceiling, not what a court awards.
What happens, and how long each part takes
- You, or a relative, give the informationwhenever you are ready, within the limitation period
Orally, in writing or electronically, at any police station. You get a free copy of what is recorded (BNSS s. 173(1), (2)).
Worried it is too late to file? Find the last day in the limitation calculator →
- Registration, or a preliminary enquiry firstan enquiry, if held, within 14 days
With a DSP’s permission the officer may enquire whether there is a prima facie case, or go straight to investigation (s. 173(3)).
- If the police will not record itas soon as it is refused
Send the substance in writing, by post, to the Superintendent of Police; failing action, apply to the Magistrate (ss. 173(4), 175(3)).
Refused? What to do next, step by step →
- From here the pace is set by the police and the court
You started this, and you keep the right to be told how the investigation is going and, with an advocate, to see the police report. You cannot set its pace. Free legal aid is available to every woman.
Investigationno fixed limit; a progress update within 90 daysThe police must tell you how the investigation is progressing within ninety days (s. 193(3)(ii)).
- Police report and cognizancewhen the investigation ends
The Magistrate takes cognizance on the police report (s. 220). If an advocate represents you, you get the report and statements free (s. 230).
- Trial before a Magistrate of the first classtypically years
Evidence is taken and the court gives judgment. The case cannot be compounded, because section 85 is not in either table of s. 359.
The time limits are the BNSS’s own. No provision fixes how long a cruelty trial takes; the NCRB figures below show how many were still pending at the end of 2024.
Crime head: Cruelty by Husband or his Relatives (Section 85 BNS / Section 498A IPC). NCRB reports by crime head rather than by section, so this is the closest head to the provision and not a count of cases under it.
- Chargesheeting rate, 202490.2%
Of the cases police finished investigating, the share that ended in a chargesheet rather than being closed.
- Conviction rate, 202420.1%
Of the trials that completed, the share that ended in conviction. Not the share of registered cases — most are still pending.
- Trials still pending at the end of 202492.2%
Of all cases before the courts that year, including those carried over from earlier years, the share not yet decided when the year closed.
NCRB, Crime in India 2024, Tables 17A.1 and 18A.1. The 2024 volume counts IPC cases for January to June and BNS cases from 1 July in the same head. 10,689 convictions in 53,137 completed trials.
Across all cognizable offences in 2024 the chargesheeting rate was 72.1% and the conviction rate 53.3%, so this head can be read against those. What those rates are rates of, and what happens to 100 cases.
Preliminary enquiry and the time limit for a cruelty complaint
Section 173(3) of the BNSS applies to a cognizable offence "made punishable for three years or more but less than seven years". Section 85 carries up to three years, so it falls inside that band. The officer in charge may, with prior permission from an officer not below Deputy Superintendent of Police and considering the nature and gravity of the offence, either hold a preliminary enquiry within fourteen days to see whether a prima facie case exists, or proceed with investigation where one exists. The text gives a choice; it does not require an enquiry.
The limitation period is three years (s. 514(2)(c)), measured to the date the information is recorded or the complaint is filed (s. 514, Explanation).
| Rule | What the BNSS says | Section |
|---|---|---|
| Preliminary enquiry | Optional, with a DSP’s prior permission; at most 14 days | 173(3) |
| Limitation | Three years for an offence punishable up to three years | 514(2)(c) |
| When it starts | Date of the offence, or first knowledge by the aggrieved person or police | 515(1) |
| Continuing offence | A fresh period begins at every moment the offence continues | 518 |
| Late complaint | A court may take cognizance after the period if the delay is properly explained or justice requires it | 519 |
Whether particular conduct is a continuing offence, or whether a delay is properly explained, is for the court on the facts.
How to report cruelty, and what to do if the police refuse
Information can be given orally, in writing or electronically, to the officer in charge of any police station, whatever the area where the offence happened (BNSS s. 173(1)). Oral information is written down and read back to you; electronic information is taken on record once you sign it within three days. You are entitled to a free copy straight away (s. 173(2)).
If the officer refuses to record it, you can send the substance in writing, by post, to the Superintendent of Police, who must investigate or direct an investigation if it discloses a cognizable offence; failing that, you can apply to the Magistrate (ss. 173(4), 175(3)). The police must tell you how the investigation is progressing within ninety days (s. 193(3)(ii)).
Section 85, like section 498A before it, is debated in public. This page sets out only what the provision and the procedure say. Drafting a complaint is covered on the dowry complaint format page; divorce and maintenance are covered on the divorce pages.
Question 1: Did the officer at the police station record your information?
Any police station, whatever the area where it happened — orally, in writing, or electronically, taken on record once you sign it within three days (BNSS s. 173(1)).
If yes
Where this leadsRecorded — ask for your free copyYou are entitled to a free copy straight away (s. 173(2)). The police must tell you how the investigation is progressing within ninety days (s. 193(3)(ii)).
Legal aid, compensation and protection →If no — the officer refuses → go to question 2
Question 2: Did the Superintendent of Police act on it?
Send the substance in writing, by post. If it discloses a cognizable offence, the Superintendent of Police must investigate or direct an investigation (s. 173(4)).
If yes
Where this leadsThe investigation goes aheadThe ninety-day progress update applies to you as the informant (s. 193(3)(ii)).
Legal aid, compensation and protection →If no
Your next stepApply to the MagistrateFailing the Superintendent of Police, you can apply to the Magistrate (s. 175(3)).
Legal aid for the application →
Legal aid, compensation and protection for a woman who reports
Every woman is within the categories entitled to free legal services under section 12 of the Legal Services Authorities Act, 1987, subject to the authority being satisfied there is a case to bring (s. 13). The District Legal Services Authority at the district court arranges a lawyer.
On conviction, the court may order the fine, or a separate sum, to be paid as compensation for loss or injury caused by the offence (BNSS s. 395(1)(b), (3)). Each State must also run a victim compensation scheme; the Legal Services Authority can order immediate medical benefits or other interim relief (s. 396(6)). Each State must notify a witness protection scheme (s. 398).
More questions about this page
What is 498A IPC in BNS?▼
Can I file a cruelty complaint at any police station?▼
Can my parents or brother file a 498A complaint for me?▼
Is there a time limit to file a complaint under BNS 85?▼
Will the police do a preliminary enquiry before registering my FIR?▼
Can a cruelty case under section 85 be settled by compromise?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026. Sections 85 and 86 quoted from the enacted text; the other sections for the punishment comparison.
- Printed page 179, read from the page image. Cognizable only on information from the person aggrieved, a relative by blood, marriage or adoption, or a notified public servant; non-bailable; Magistrate of the first class.
- Recording information, preliminary enquiry, the Superintendent of Police route, cognizance, compounding, compensation and limitation.
- IPC 498A → BNS 85, and the Explanation to 498A → BNS 86.
- Head "Cruelty by Husband or his Relatives (Section 85 BNS / Section 498A IPC)", row 12 of Table 17A.1 and the matching row of 18A.1. Retrieved 13 September 2026.
What to do next
You do not have to work through this alone. A lawyer can explain your rights at each step, and legal services authorities provide one free to everyone the law makes eligible — including every woman and every child.
Free legal services are a legal entitlement, not charity. Under section 12 of the Legal Services Authorities Act, 1987 they are available to anyone in custody, every woman and every child, members of a Scheduled Caste or Scheduled Tribe, persons with disabilities, victims of trafficking or of a disaster or caste atrocity, industrial workers, and anyone whose income is below the limit their State sets — provided the legal services authority is satisfied there is a case to bring or defend (section 13).
- NALSA — National Legal Services Authority
- NALSA legal aid helpline (toll-free): 15100
- Your District Legal Services Authority. Every district has one, at the district court, and it is the office that arranges a lawyer.
Not legal advice. This page explains what a provision says and how the procedure around it works, checked against the Act as in force on the date shown. It is not advice about a charge, a complaint or an arrest, and it cannot be: whether a provision fits a set of facts is the question a court decides, and the facts a page cannot see are usually the ones that matter. If you are facing a criminal matter, or deciding whether to start one, speak to an advocate.
Last reviewed September 2026.