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The law punishes cruelty and dowry harassment of a married woman, while also protecting against misuse. Here is what both sides should know.
Last reviewed: October 2026 · General information only, not legal advice.
Cruelty by a husband or his relatives towards a married woman is an offence under BNS 85 (earlier Section 498A IPC), punishable with imprisonment up to 3 years and fine. BNS 86 defines cruelty as:
Related laws: dowry death BNS 80 (old 304B), the Dowry Prohibition Act, 1961, and the Protection of Women from Domestic Violence Act, 2005.
Many matrimonial disputes are resolved through court-annexed mediation, with a comprehensive settlement covering mutual divorce, alimony, custody, stridhan and withdrawal or quashing of all cases. Read our mutual divorce guide →
Section 498A IPC has been replaced by Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. Section 85 punishes cruelty by a husband or his relatives and Section 86 defines cruelty.
No. It is a cognizable and non-bailable offence. However, police must ordinarily issue a notice of appearance before arresting, and anticipatory bail can be sought.
It is not compoundable by the parties themselves, but the High Court can quash the proceedings under Section 528 of the BNSS where the parties have genuinely settled the dispute.
Seek anticipatory bail, cooperate with the investigation and place your evidence before the police, and consider a petition in the High Court for quashing if the allegations are vague or malicious. Legal remedies against a false complaint are also available once the case ends.
Every case turns on its own facts. Speak to Advocate Ajay Mishra for advice specific to your situation — in person at IP Extension (Delhi) or Vaishali (Ghaziabad), by phone, or by video call.