A married woman who is harassed for dowry, or treated with cruelty by her husband or his relatives, has both criminal and civil remedies. The old Section 498A of the Indian Penal Code now continues, in almost the same words, as Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), with “cruelty” defined in Section 86. Alongside it sit the Dowry Prohibition Act, 1961 and the Protection of Women from Domestic Violence Act, 2005. This guide explains what each covers and how to start.
The laws at a glance
| Law | What it covers | Consequence |
|---|---|---|
| Section 85 BNS (formerly 498A IPC) | Cruelty to a woman by her husband or his relatives | Imprisonment up to 3 years and fine |
| Section 80 BNS (formerly 304B IPC) | Dowry death: unnatural death within 7 years of marriage after dowry-related cruelty | Minimum 7 years, up to life imprisonment |
| Section 3, Dowry Prohibition Act | Giving or taking dowry | Minimum 5 years and fine of at least Rs 15,000 or the value of the dowry, whichever is more |
| Section 4, Dowry Prohibition Act | Demanding dowry | 6 months to 2 years and fine up to Rs 10,000 |
| Domestic Violence Act, 2005 | Physical, sexual, verbal, emotional and economic abuse in a shared household | Civil orders: protection, residence, monetary relief, custody, compensation |
What counts as cruelty under Section 86
Section 86 BNS defines cruelty as either:
- any wilful conduct of such a nature as is 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 with a view to coercing her or any person related to her to meet an unlawful demand for any property or valuable security, or on account of failure to meet such a demand.
Cruelty need not be connected to dowry. Persistent abuse that seriously harms her mental health can fall within the first limb.
How a Section 85 case works
- The offence is cognizable. It is non-bailable and triable by a Magistrate of the first class.
- Arrest is not automatic. In Arnesh Kumar v. State of Bihar (2014) the Supreme Court directed police not to arrest mechanically in such cases and to issue a notice of appearance where arrest is not necessary; that notice is now issued under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- In Shivangi Bansal v. Sahib Bansal (July 2025) the Supreme Court endorsed guidelines framed by the Allahabad High Court under which, for two months after the FIR, no coercive action is taken and the matter is referred to a Family Welfare Committee, except in serious cases. How these guidelines are applied by police in Maharashtra should be checked for the case at hand.
- Courts have repeatedly quashed cases where the allegations against relatives are vague or general. The complaint should state clearly who did what, and when.
Everyday harassment by in-laws: does it count?
Many women are not beaten and no dowry is named, yet life in the sasural becomes unbearable: constant taunts, being blamed for everything, being kept from her parents, having her salary or jewellery taken, or being told to leave. The law recognises much of this.
| What is happening | How the law may see it |
|---|---|
| Daily insults, ridicule, humiliation or name-calling, including taunts about not having a child or a son | Verbal and emotional abuse, expressly named in Section 3 of the Domestic Violence Act |
| Threats to hurt her, her children or her parents | Verbal and emotional abuse under the DV Act; criminal intimidation under the BNS |
| Taking her salary, jewellery or stridhan, stopping money for household needs, or not letting her use the house | Economic abuse under the DV Act; refusal to return stridhan may be criminal breach of trust |
| Repeated demands for money, gold, a car or a flat “from your father” | Dowry harassment: Section 85 BNS and Section 4 of the Dowry Prohibition Act |
| Serious, persistent mental torture that endangers her health, even without any money demand | Can be cruelty under the first limb of Section 86 BNS |
| Being pushed or locked out of the house | A breach of her right to reside under Section 17 of the DV Act; see thrown out of the marital home |
A DV Act application can be made against the husband and his relatives, including women such as the mother-in-law or sister-in-law; the Supreme Court in Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) struck down the words that had limited it to adult men. Whether conduct is serious enough to be criminal cruelty depends on the facts. Small quarrels are not enough; a pattern, written down with dates and supported by messages or witnesses, makes the difference.
Keep a diary. Note each incident on the day it happens: date, time, who said or did what, and who saw it. Save messages and voice notes. Tell a parent or friend at the time, so there is someone who can confirm it later.
Civil relief under the Domestic Violence Act
A criminal case punishes; it does not by itself give her a place to live or money to run the house. The DV Act does. Before a Magistrate, she can seek a protection order, a residence order (the right to live in the shared household), monetary relief, temporary custody of children and compensation. Interim orders can be passed quickly. The DV Act and a Section 85 complaint can be pursued together. See domestic violence matters.
Getting back dowry and stridhan
Under Section 6 of the Dowry Prohibition Act, any dowry received by someone other than the woman is held for her benefit and must be transferred to her. Her stridhan, meaning gifts made to her before, at or after the marriage, remains her property, and she can ask for its return; refusing to return entrusted stridhan can itself be an offence. Keep a list of the jewellery, cash and articles with photographs or receipts where possible.
First steps
- If you are in immediate danger, call 112.
- Write down the incidents with dates, the people involved and any demands made. Keep messages, call recordings, medical papers and photographs.
- Get medical treatment for any injury and keep the hospital record.
- Decide the route: a police complaint under Section 85 BNS and the Dowry Prohibition Act, an application under the DV Act, a maintenance claim under Section 144 BNSS, or a combination.
- When filing a police complaint, ask for a copy of the FIR, which is free under Section 173(2) BNSS. If the police will not register it, see what to do when the police refuse an FIR.
- Make a list of your stridhan and ask for its return in writing.
Free help and helplines
- 112: emergency number for police, ambulance and fire
- National Commission for Women helpline: 78271 70170, 24 hours
- Free legal aid: 15100. Legal Services Authorities provide a lawyer free of charge to women, whatever their income.
- One Stop Centres (Sakhi) in Mumbai, Thane and Palghar offer police help, medical aid, counselling and short-stay shelter; addresses and numbers are listed in our guide for women thrown out of the marital home.
- Protection Officers appointed under the DV Act can record a Domestic Incident Report and help you apply to the Magistrate.
Frequently asked questions
Is Section 498A still in force?
For acts committed on or after 1 July 2024, the offence is charged under Section 85 BNS, with cruelty defined in Section 86. Older acts continue under Section 498A IPC. The substance is the same.
Can I file against my mother-in-law and sister-in-law as well?
Yes, if they took part in the cruelty. Section 85 covers the husband and his relatives. The complaint should describe each person’s specific acts.
Can I claim maintenance at the same time?
Yes. Maintenance under Section 144 BNSS and monetary relief under the DV Act are separate from the criminal case. See maintenance under Section 144 BNSS.
Can the case be withdrawn if we settle?
Section 85 is non-compoundable, so it cannot simply be withdrawn. Where the parties settle, the High Court can quash the proceedings in appropriate cases.
If you have already been made to leave, read Thrown Out of Your Marital Home? What to Do in the First 48 Hours.
See also: a wife’s rights in divorce in Mumbai and legal options for women.
Sources
- Bharatiya Nyaya Sanhita, 2023, Sections 80, 85 and 86
- Protection of Women from Domestic Violence Act, 2005, Sections 3, 17, 18 to 23 (text, PRS India)
- Dowry Prohibition Act, 1961, Sections 3, 4 and 6
- Shivangi Bansal v. Sahib Bansal, Supreme Court, July 2025 (Bar & Bench report)
- Arnesh Kumar v. State of Bihar, Supreme Court, 2014
- Hiral P. Harsora v. Kusum Narottamdas Harsora, Supreme Court, 2016
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes general law and procedure as understood in November 2026. It is not legal advice; the facts of each case matter, so take advice before acting.