498A Is Now Section 85 BNS: What a Cruelty or Domestic Violence Case Looks Like Today in Faridabad

For decades, three characters carried enormous weight in Indian family disputes: 498A.

Mention that number and everyone understood — a wife had filed a cruelty case against her husband and his family. Since 1 July 2024, that section number no longer exists.

Section 498A of the IPC is now Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023.

The number changed. The law, in substance, did not. But the renumbering has caused real confusion in Faridabad — for complainants, for accused families, and even in casual conversation. Here is a clear explanation.

What Section 85 BNS Says

Section 85 punishes the husband or a relative of the husband who subjects a woman to cruelty. The punishment is imprisonment up to three years, plus fine.

Section 86 BNS defines what “cruelty” means — carried over from the old Explanation to 498A:

• Wilful conduct likely to drive the woman to suicide or cause grave injury to her life, limb or health (physical or mental), or
• Harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security — that is, dowry harassment

The offence remains cognizable, non-bailable and non-compoundable.

The Section Numbers That Changed

This is where most confusion arises. A quick reference:

Notice the last two. The number 482 now means something completely different depending on which code you are reading — anticipatory bail under BNSS, but quashing under the old CrPC. Even experienced people mix these up.

What Did Not Change

Several important laws were untouched by the new codes:

• Protection of Women from Domestic Violence Act, 2005 — unchanged
• Dowry Prohibition Act, 1961 — unchanged
• Hindu Marriage Act, 1955 — unchanged

Criminal Case vs Domestic Violence Case

These are two different things, and people constantly confuse them.

Section 85 BNS — Criminal

Filed through the police, leads to FIR, investigation, arrest and trial. The outcome is punishment.

The DV Act, 2005 — Civil

Filed as an application before a Magistrate. The outcome is relief, not jail:

• Protection order — restraining further abuse
• Residence order — the right to stay in the shared household
• Monetary relief — maintenance and expenses
• Custody order for children
• Compensation for injuries suffered

The DV Act covers not only wives but also live-in partners, mothers, sisters and daughters — and it can be used alongside a criminal case.

If a Case Has Been Filed Against You

Panic leads to bad decisions. Some ground rules:

Arrest is not automatic. In Arnesh Kumar v. State of Bihar, the Supreme Court held that for offences punishable with up to seven years, police must not arrest mechanically. They should first issue a notice of appearance — now under Section 35 BNSS. Since Section 85 carries a maximum of three years, this safeguard applies squarely.

Anticipatory bail is available under Section 482 BNSS, and is commonly granted in such matters.

Do not destroy evidence or pressure the complainant. It converts a defensible case into a serious one.

Courts do scrutinise vague allegations. The Supreme Court has repeatedly cautioned against “omnibus” complaints that name every distant relative without specific allegations, and such names are often dropped or quashed.

Can the Case Be Settled?

Section 85 is technically non-compoundable. However, where the parties have genuinely settled — usually alongside a mutual consent divorce — the High Court can quash the FIR using its inherent powers under Section 528 BNSS. The Supreme Court has approved this approach in matrimonial disputes that are essentially private in nature.

In practice, many Faridabad matrimonial matters conclude this way: a settlement, a mutual divorce, and quashing of the criminal case together.

If You Are the Complainant

Your case is stronger when it is specific. Record dates, incidents and names. Preserve messages, medical records and any evidence of dowry demands. Vague, sweeping allegations against an entire family weaken a genuine complaint far more than people realise.

Conclusion

The shift from 498A to Section 85 BNS is a change of label, not of substance. Cruelty and dowry harassment remain serious offences, and the protections for women remain intact — while the safeguards against misuse also continue.

If you are on either side of such a case in Faridabad, the renumbering itself is a reason to be careful: a petition citing the wrong code can cause needless delay. Consult a matrimonial case advocate in Faridabad who is working with the new provisions daily.

Note: This blog is just for educational purposes; it does not act as legal advice. For legal representation, contact a practising advocate. This blog cannot be used as legal evidence or for legal purposes.