Falsely accused of dowry or domestic violence? You are not alone. The misuse of Section 498A IPC / BNS Section 85 has raised a huge concern in India. While the law was enforced for the protection of women, many innocent men and their families had to suffer due to false accusations made by women.
If you are one of them and facing the situation, then Indian law allows you to file a counter-case against false allegations made by your wife and protect your legal rights, reputation, and peace of mind.
This blog will guide you through the meaning of a counterclaim and how to file such cases against false domestic violence claims.
What Is Section 498A IPC / BNS Section 85?
Section 498A IPC (now Section 85 of BNS, 2023) defines cruelty by a husband or in-laws. It includes mental or physical harassment related to dowry.
- Punishment: The person can be punished with imprisonment for three years and a fine
- Type of Offence: This is Cognizable and non-bailable, which means that police can make an arrest without a warrant, and there is less chance of getting bail.
But why do women misuse the law? This law is often misused in matrimonial disputes to make harassment or take revenge.
That’s why knowing your defenses and counter legal options is crucial.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
Counter Case Meaning: What Does It Mean Legally?
A separate FIR or complaint made by someone who was falsely accused under Sections such as 498A/BNS 85 or the DV Act is known as a counter case. It might be filed against your wife (or her relatives) for conspiracy, slander, blackmail, or false charges.
In simple terms: Filing a counter case against your wife is your legal weapon to defend your dignity and expose the truth.
How to File a Counter Case Against False 498A?
Let’s break down the exact legal remedies and sections available to protect yourself and your family from misuse of the law.
Criminal Conspiracy – Section 120B IPC
If you suspect that your wife, in collaboration with others, planned to falsely implicate you:
- Section 120B IPC/61(2) BNS: Punishes those who conspire to commit a crime
- Evidence needed: messages, call records, emails, or audio proof.
File this to highlight the premeditated nature of the false complaint.
False Evidence – Sections 191, 192, 193 IPC/ 277, 228, 229 BNS
If your wife or in-laws submitted forged documents or gave false statements:
- Section 191 IPC/227 BNS: Giving false evidence
- Section 192 IPC/228 BNS: Fabricating it
- Section 193 IPC/229 BNS: Punishment for the same
A strong base for a counter case against a false 498A/ 85 BNS or DV case.
Defamation – Sections 499 & 500 IPC/356 BNSS
Publicly calling you a criminal can ruin your image, job, and social life.
- Section 499 IPC/356 BNSS: Defines defamation
- Section 500 IPC/ 356 BNSS: Punishment – up to 2 years or fine
Use this if your name or your family’s name has been damaged in society or the media.
Criminal Intimidation – Section 506 IPC/ 351 BNS
If your wife threatened to “destroy your life” or file fake cases unless you comply with her demands:
- Section 506 IPC/351 BNS: Covers threatening or coercive behavior
Many husbands use this to highlight threat-based extortion or blackmail.
Civil Suit for Damages – Section 9 CPC + Tort Law
Beyond criminal charges, you can seek monetary compensation for:
- Mental harassment
- Loss of job or reputation
- Legal expenses
Use:
- Section 9 CPC: Gives jurisdiction to civil courts
- Tort law: For emotional and psychological harm
Especially useful where false cases affect career, family, or finances.
FIR Quashing – Section 482 CrPC/528 BNSS
If the FIR itself is baseless or malicious, approach the High Court for:
- Section 482 CrPC/ 528 BNSS: High Court’s power to quash proceedings if they abuse the legal process
A clean and effective remedy to nullify false 498A FIRs.
Discharge Before Trial – Section 227 CrPC/ 250 BNSS
Even if a chargesheet is filed, you can apply for:
- Section 227 CrPC/ 250 BNSS: Discharge if no prima facie case is made out
Helps avoid prolonged trials and unnecessary stress.
Supporting Steps: Defend Yourself Proactively
Apart from filing a counter case against false 498A, take these preventive and protective measures:
Collect Evidence Early
Gather and preserve:
- Call logs, WhatsApp chats, emails
- Video/CCTV footage
- Proof that your wife left voluntarily
- Statements from friends or neighbors
This helps both in disproving 498A allegations and supporting your counter-FIR.
Apply for Anticipatory Bail – Section 438 CrPC
If you fear arrest, especially after false 498A/85 BNS or DV allegations:
- Section 438 CrPC/482 BNSS: Allows you to seek anticipatory bail in advance
Always consult a criminal lawyer before going to court, they will guide the possibility of winning your case.
Document Threats
Record all threats of false cases, coercion, or extortion attempts by:
- Filing a general diary (GD) or police complaint
- Sending emails to the police or the family court
- Keeping copies of abusive messages or calls
Conclusion
Facing a false 498A or DV complaint is deeply stressful, but not hopeless. Indian law offers you the tools to fight back with truth and dignity.
From filing a counter case against the wife to chasing defamation and FIR quashing, the legal framework is on your side if you act punctually and deliberately.
One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can I file a counter‑case against a false 498A?
Yes. File malicious prosecution under IPC 211, false information under IPC 182, defamation under IPC 500, conspiracy under IPC 120B or criminal intimidation under IPC 506. Support with evidence and legal filings.
2. What if my wife filed both 498A/Section 85 BNS and DV cases?
Quash DV/498A petitions in High Court under CrPC 482 or BNS 528; simultaneously file defamation (IPC 500), false information (IPC 182), or malicious prosecution (IPC 211) countersuits for damages.
3. Can the High Court cancel false 498A cases?
Yes. Under CrPC 482 (or BNS 528), the HC may quash an FIR that’s vague, baseless, or abuses process—courts have repeatedly taken this step.
4. Can I claim compensation for mental stress?
Yes. File a civil suit under CPC Section 9 for tortious damages, mental agony. And/ Or criminal malicious prosecution (IPC 211) or civil defamation for reputational and emotional harm.
Talk to a Lawyer