● Retained in BNS
IPC Section 498A punished cruelty to a married woman by her husband or his relatives with imprisonment up to 3 years and a fine. Under the BNS, the same offence and punishment continue as Section 85. It is a cognizable, non-bailable, non-compoundable offence tried before a Magistrate of the First Class.
Section 498A IPC made cruelty by a husband or his relatives towards a married woman a specific criminal offence, punishable with imprisonment up to 3 years and fine. "Cruelty" covered wilful conduct likely to drive the woman to suicide or cause grave injury, as well as harassment connected to unlawful demands for dowry or property.
BNS Section 85 retains the offence and punishment without substantive change: imprisonment up to 3 years and fine for cruelty by a husband or his relatives. The BNS carries forward the linked provision on dowry-related harassment alongside it in Section 86.
Substance retained; IPC 498A is renumbered to BNS Section 85, with related dowry-harassment language addressed alongside it in Section 86.
Imprisonment up to 3 years, and fine.
IPC 498A is non-bailable.
This is a cognizable offence.
Non-compoundable.
Matters under IPC 498A are tried before the Magistrate of the First Class.
Common defences include showing the alleged conduct does not meet the threshold of "cruelty" (conduct likely to drive the woman to suicide or grave injury, or harassment linked to unlawful dowry demands), that the complaint stems from an unrelated matrimonial dispute, or, where multiple relatives are named, that a specific relative had no direct role in the alleged conduct. Courts have also laid down safeguards against automatic arrest on a bare complaint under this section.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons