Section 498A IPC — carried into Sections 85 and 86 of the BNS — penalises cruelty to a married woman by her husband or his relatives. The chamber of Advocate Manish Jha acts on both sides of these cases: for complainant wives seeking protection of the law, and for husbands and their families facing prosecution.
The Offence and Its Ingredients
Section 498A IPC punishes a husband, or a relative of the husband, who subjects a married woman to cruelty, with imprisonment up to three years and fine. Under the Bharatiya Nyaya Sanhita, 2023, Section 85 contains the punishment and Section 86 defines cruelty: wilful conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb or health, whether mental or physical; or harassment of the woman to coerce her or her relatives to meet an unlawful demand for property or valuable security. Offences committed before 1 July 2024 remain governed by Section 498A IPC.
Cognizable and Non-Bailable Character
The offence is cognizable and non-bailable, so the police can register an FIR and investigate without a Magistrate's order, and bail is a matter of judicial discretion rather than right. In Delhi, such FIRs are commonly registered after a complaint to the CAW Cell, and prosecution often runs alongside proceedings under the Protection of Women from Domestic Violence Act, 2005 and dowry-related provisions.
Arrest Safeguards
Because the offence is punishable with imprisonment up to three years, arrest is not automatic. The police are ordinarily required to issue a notice of appearance under Section 41A CrPC, now Section 35 BNSS, and to record reasons before arresting. A person served with such a notice who joins the investigation cannot ordinarily be arrested unless the officer records why arrest is necessary. Anticipatory bail under Section 482 BNSS remains available.
Quashing on Settlement
Where the spouses resolve their disputes — often as part of a settlement covering divorce, maintenance and custody — the High Court of Delhi can quash the FIR under Section 482 CrPC, now Section 528 BNSS, since the dispute is essentially matrimonial. The chamber drafts settlement terms and appears in quashing petitions.
Frequently Asked Questions
Is arrest automatic in a Section 498A / Section 85 BNS case?
No. Since the offence is punishable with imprisonment up to three years, the police must ordinarily issue a notice of appearance under Section 41A CrPC, now Section 35 BNSS, instead of arresting immediately. A person who complies with the notice cannot ordinarily be arrested unless the officer records specific reasons why arrest is necessary in that case.
Is bail available in cruelty cases under Section 498A / 85 BNS?
The offence is non-bailable, so bail is discretionary, but courts grant both anticipatory and regular bail in appropriate cases, particularly where the accused joins the investigation and there is no allegation of grave physical injury. Relatives residing separately from the couple are often granted relief where the allegations against them are general in nature.
Can a 498A FIR be quashed after the parties settle?
Yes. Because the dispute is essentially matrimonial, the High Court of Delhi can quash the FIR and proceedings under Section 482 CrPC, now Section 528 BNSS, when the parties have genuinely settled. The settlement is usually recorded comprehensively, covering divorce, maintenance, dowry articles and custody, and both parties appear before the High Court.
Does the chamber represent wives as well as accused families?
Yes. The chamber advises complainant wives on CAW Cell complaints, registration of FIRs and connected domestic violence and maintenance proceedings, and separately defends husbands and their relatives facing prosecution, from anticipatory bail through trial or quashing. Every matter is handled on its own facts, with settlement explored where both sides seek it.