If you believe you are facing a false or significantly exaggerated cruelty complaint under Section 85 of the BNS (the successor to IPC Section 498A), Indian law gives you several concrete mechanisms to respond: pre-arrest protection, safeguards against automatic arrest, careful evidence preservation, and, in genuinely appropriate cases, a route to get the FIR itself quashed. This guide sets out those mechanisms factually and neutrally; it does not take a position on how common false complaints are, only on what the law provides for someone who believes they are facing one.
Step 1: Understand what you're actually charged with
IPC Section 498A has been re-enacted as Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, with the definition of "cruelty" itself set out separately in Section 86, covering wilful conduct likely to drive a woman to suicide or cause grave injury, and harassment intended to coerce her or her relatives to meet an unlawful demand for property or valuable security. It is cognizable and non-bailable, meaning police can register an FIR and investigate without prior magistrate approval, and bail isn't automatic. Confirm the exact allegations in the FIR with your advocate early; the specific facts alleged determine which of the mechanisms below are realistically available to you.
Step 2: Know that arrest is not the automatic first step
The Supreme Court's guidelines in Arnesh Kumar v. State of Bihar (2014), issued specifically in response to concerns about Section 498A's misuse, required police to record reasons before arresting in offences carrying up to seven years' imprisonment, and directed magistrates to scrutinise whether that requirement was met before authorising further detention. The Court reaffirmed in January 2026 that these safeguards apply with full force under Section 35 of the BNSS, which now builds the notice-before-arrest requirement directly into the statute, and added that police may only arrest after a notice has already been issued if there is fresh material that wasn't available when the notice was sent. If you receive a notice under Section 35 BNSS rather than being arrested outright, that is the law working as designed, not a sign the case is being taken lightly.
Step 3: Consider applying for anticipatory bail
If you reasonably believe you may be arrested, you can apply for anticipatory bail before that happens, under Section 482 of the BNSS (the successor to the old CrPC Section 438), before the Sessions Court or High Court having jurisdiction. Courts weigh factors including the nature of the accusation, your antecedents, and whether the accusation appears intended to injure or humiliate you through arrest. See our detailed guide on the full anticipatory bail procedure under BNSS Section 482 for the complete filing process, and our comparison of anticipatory, regular and interim bail if you're unsure which applies to your situation.
Step 4: Preserve evidence properly, don't just take screenshots
WhatsApp messages, call logs, and emails can be genuinely useful defence evidence, showing context, tone, or events the complaint may have omitted. But under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, electronic records generally require a certificate, in most cases including authentication by an independent technical expert, to be admissible as evidence. Preserve the original device rather than deleting anything or relying solely on screenshots, and discuss with your advocate early on how to obtain a properly certified copy of the relevant communications, since retrofitting this after the fact is harder than doing it from the outset.
Step 5: Assess whether the FIR itself is fit to be quashed
Where the allegations, even taken entirely at face value, don't disclose an offence, or where the complaint appears to be manifestly mala fide, brought with an ulterior motive to harass rather than genuinely prosecute, you may be able to approach the High Court to quash the FIR under its inherent powers, now preserved in Section 528 of the BNSS (the successor to CrPC Section 482). The settled framework for this comes from State of Haryana v. Bhajan Lal (1992), which set out the categories of cases where this power can be exercised. This is a high bar, courts apply it cautiously and it isn't a substitute for a trial, so it fits only genuinely clear-cut cases, not ordinary factual disputes that need to be resolved through evidence.
Living together and the parallel live-in relationship question
A separate but related development: the Supreme Court has held that Section 498A's protection can also extend to live-in relationships that are genuinely "in the nature of marriage" with an established intent to marry, meaning a live-in partner can potentially be prosecuted as a "husband" under this provision too. That ruling addresses a different question, whether the law reaches a live-in partner at all, not how to defend against a complaint once one is filed. See our separate explainer on the Supreme Court ruling extending cruelty-law protection to live-in relationships if that threshold question is relevant to your situation.
Disclaimer: This article describes legal mechanisms available under Indian law and is for general information only, not legal advice, and does not take a position on the broader social debate around this provision. Consult a qualified advocate immediately for guidance specific to your situation.
Frequently asked questions
What is the current section for cruelty by a husband or relatives?
The old IPC Section 498A has been re-enacted, almost word for word, as Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, with the definition of "cruelty" itself now set out separately in Section 86. Both provisions apply from 1 July 2024 onward for offences occurring after that date; matters from before generally still proceed under the old IPC provision.
Can police arrest immediately on a 498A / Section 85 complaint?
Not automatically. The Supreme Court's guidelines in Arnesh Kumar v. State of Bihar (2014) required police to record reasons before making an arrest in cases carrying up to seven years' imprisonment, and the Court reaffirmed in January 2026 that these safeguards apply with full force under Section 35 of the BNSS, which requires a notice of appearance rather than automatic arrest for such offences, subject to narrow exceptions where fresh material justifies arrest despite the notice.
What is anticipatory bail and how do I apply for it?
Anticipatory bail is pre-arrest protection sought from a Sessions Court or High Court, available under Section 482 of the BNSS (which replaced Section 438 of the CrPC), for someone who reasonably believes they may be arrested on a non-bailable accusation. It must be applied for before arrest; once arrested, you would instead need regular bail.
What is the Bhajan Lal test for quashing an FIR?
State of Haryana v. Bhajan Lal (1992) laid down categories of cases where a High Court can quash an FIR under its inherent powers, including where the allegations, even if taken at face value, don't disclose an offence, or where the complaint is manifestly attended with mala fide intent or is instituted with an ulterior motive to harass the accused. This inherent power is now preserved under Section 528 of the BNSS (the successor to the old CrPC Section 482), and courts apply it cautiously, not as a routine substitute for a trial.
What electronic evidence can help in defending against a cruelty complaint?
WhatsApp messages, call logs, emails and similar digital communications can be relevant defence evidence, but under Section 63 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 they generally need to be accompanied by the prescribed certificate (covering the device and, in most cases, an independent expert's technical authentication) to be admissible in evidence. Preserve the original device and don't rely only on screenshots.