The offence
Cruelty by a husband or his relatives towards a married woman, formerly Section 498A of the Indian Penal Code, is now Section 85 of the Bharatiya Nyaya Sanhita, 2023, with cruelty defined in Section 86. It is punishable with imprisonment of up to three years and fine, and is cognizable and non-bailable. Cases relating to acts before 1 July 2024 are still registered and tried under Section 498A IPC.
Arnesh Kumar v. State of Bihar (2014)
This judgment, which arose from a 498A case in Bihar, held that the police must not arrest automatically in offences punishable with imprisonment of up to seven years. Before arresting, the officer must be satisfied that arrest is necessary for one of the reasons the law lists, such as preventing further offences or tampering with evidence, and must record those reasons. A Magistrate must not authorise detention mechanically. These directions apply to Section 85 BNS cases as well.
Notice of appearance under Section 35(3) BNSS
Where arrest is not necessary, the officer must issue a notice requiring the person to appear. A person who complies with the notice and cooperates should not be arrested unless the officer records reasons why arrest has become necessary. In Satender Kumar Antil v. CBI (2022), the Supreme Court directed that non-compliance with these safeguards should be taken seriously by courts considering bail.
Family Welfare Committees and the cooling period
In Shivangi Bansal v. Sahib Bansal (2025), the Supreme Court approved guidelines framed by the Allahabad High Court under which, after an FIR or complaint in such a case, no coercive action is taken for a two-month cooling period while the matter is referred to a Family Welfare Committee for an attempt at reconciliation. How these directions are applied in Bihar should be checked against current orders of the Patna High Court and the police headquarters.
Anticipatory bail
Because the offence is non-bailable, anticipatory bail under Section 482 BNSS is commonly sought by the husband and relatives, first before the Sessions Court and then the Patna High Court. Courts look at the specific allegations against each person, the length of the marriage and separation, and whether mediation is possible.
Frequently asked questions
Does every 498A complaint lead to arrest?
No. Arrest requires recorded reasons, and in most cases the police must first issue a notice of appearance. The safeguards apply to Section 85 BNS cases as well.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.