How To File A Case Under Section IPC 498a/85 BNS?

Are you or someone you know facing cruelty or harassment from a husband or in-laws? In India, Section 498A of the Indian Penal Code (IPC)/Section 85 of Bhartiya Nyaya Sanhita (BNS) serves as a legal safeguard for married women subjected to cruelty in their matrimonial homes. Enacted in 1983 to lessen dowry-related abuse and domestic violence, this law empowers women to take legal action. However, like all powerful laws, it has seen misuse too.

This detailed guide covers what Section 498A IPC/Section 85 BNS entails, how to file a 498A/85 case, the evidence required, remedies available if falsely accused, and key Supreme Court judgments interpreting the law.

What is Section 498A IPC and Why Does It Matter?

In order to address cruelty by a spouse or his family members in Indian society, Section 498A IPC/Section 85 BNS was enacted. It covers both physical and emotional abuse, especially when it’s related to dowry demands.

Cruelty, in legal terms, includes:

• Behaviour that may push a woman to suicide or cause grave mental/physical harm
• Harassment for dowry or financial demands

Who Can File a 498A/85 Complaint?

From my personal experience sitting beside a survivor, here’s what I learned:

• The woman herself
• Her family (with her permission)
• A concerned third party (with court permission, in rare cases)

Real Tip: Always let the woman decide, she knows the trauma. But be her support if she wants to act.

Is It Really That Easy? No, Here’s What You Need to Prove

Before you move forward, the law requires that certain conditions be met. Here’s what the court looks for:

• Marriage: The woman must be legally married to the accused.
• Relationship: The accused must be the husband or his relatives.
• Cruelty: Must involve emotional or physical harm, or harassment related to dowry demands.

My Experience at the Police Station: Filing the FIR Under Section 498A/Section 85

Step 1: Approach the Police Station

When I finally filed her First Information Report (FIR), she brought:

• Screenshots of abusive messages
• Voice recordings of threats
• A short medical note from her therapist

We had to clearly state:

• What happened (with dates)?
• Who did it?
• How long it had been going on?

What If Police Don’t Help?

We were lucky. However, if the officer declines to file a formal complaint:

• Refer to the Superintendent of Police (SP) as per Section 154(3) CrPC/ Section 173 BNSS.
• In accordance with Section 200 CrPC/Section 223 BNSS, submit a direct complaint to a magistrate.

What Happens After Filing the FIR?

Once registered, here’s what followed in our case:

• Police began an investigation
• Section 498A/Section 85 is a cognizable offence, so they could arrest, but they didn’t rush
• Due to the Arnesh Kumar v. State of Bihar (2014) ruling, they assessed the case first

“No automatic arrests in 498A/85 cases”- Supreme Court

How Long Do You Have to File a Case?

You must file within 3 years of the incident under Section 468 CrPC/Section 514 BNSS. But the judge can allow a delay if the woman has valid reasons (and trauma is one).

What Evidence Really Helped in Our Case?

Based on my experience, here’s what mattered most:

• WhatsApp chats full of threats and dowry demands
• Call recordings from the in-laws
• Medical documents showing anxiety and insomnia
• Testimony from her parents and neighbours
• Transaction slips of dowry-like transfers

Do They Send You for Counselling?

• Yes. In Delhi, where we filed, the case was first sent to the Mahila Police Cell. Many states mandate mediation or counselling before taking it forward.
• It was handled professionally. But when the husband didn’t show up thrice, they sent the case back for FIR registration.

Can You Add Other Charges with 498A?

Absolutely. Along with Section 498A/Section 85, the FIR included:

• Section 406 IPC/Section 316 (2) BNS: for taking away her gold
• Section 506 IPC/Section 351 (2) BNS: for criminal threats
• Dowry Prohibition Act: since they repeatedly demanded cash

The Courts Speak: Landmark Judgments You Should Know

These were the judgments our lawyer cited:

• Arnesh Kumar v. State of Bihar (2014): Arrest must not be mechanical. Cops must record reasons.
• Preeti Gupta v. State of Jharkhand (2010): Courts must verify credibility before proceeding.
• U. Suvetha v. State (2009): Only legal relatives of husband can be charged under 498A.

But What If One is Misusing the Law?

It’s rare but real. That’s why the law also protects the accused:

• Apply for Anticipatory Bail in connection with Section 438 CrPC/Section 482 BNSS
• File a Quashing Petition under Section 482 CrPC/Section 528 BNSS
• Counter with Defamation or Perjury if proven false

498A/85 isn’t a tool for revenge, it’s protection for real victims.

Settling the Case: Can You Withdraw 498A?

Short answer: You can’t “withdraw” it in the police station. But if both sides settle:

• File a joint petition in High Court as per Section 482 CrPC/Section 528 BNSS
• In the interest of justice, request that the court dismiss the FIR

Gian Singh v. State of Punjab (2012): High Courts have inherent powers to quash criminal proceedings if settlement is genuine.

Other Legal Tools That Helped You

I didn’t just rely on 498A. These helped me too:

• Protection Order under Domestic Violence Act
• Maintenance under Section 125 CrPC/Section 144 BNSS
• Divorce petition citing cruelty

What I Learned: Do’s and Don’ts of a 498A/85 Case?

Do’s

• Start gathering proof from day one
• Keep your mental health a priority
• Work with a specialized family lawyer
• Stay honest and don’t dramatize

Don’ts

• Don’t only file case to teach a lesson
• Don’t skip legal hearings
• Don’t involve unrelated relatives in the FIR, courts frown upon it

Conclusion: Filing 498A Is Brave, But It Must Be Done Right

For women like me, Section 498A IPC/Section 85 BNS is more than a section of law, it’s a way out.

If you’re facing cruelty, remember:

• You’re not alone
• The law is on your side
• Justice may take time, but it’s worth it

And if you’re wrongly accused, know that the law provides remedies for you too.

One can talk to 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 498A/85 case after a long delay?

Yes, while the limitation period is generally 3 years from the date of offence, the court may condone the delay if justified.

2. Is it necessary to have physical injuries to file a 498A/85 case?

No, emotional and psychological cruelty or harassment for dowry also qualifies under Section 498A IPC/Section 85 BNS.

3. Is it possible to file Section 498A IPC/85 BNS when a divorce is still pending?

Yes, if the claimed cruelty took place during the marriage, a 498A complaint can be filed even if a divorce case is still pending.