In short: Section 498A BNS cruelty is now prosecuted under Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code on 1 July 2024. The core offence and punishment remain the same, but Parliament has split the old section into two — Section 85 for the offence and Section 86 for the definition of cruelty.
Key points
- The Indian Penal Code was repealed on 1 July 2024 and replaced by the BNS 2023. Section 498A IPC is now Section 85 BNS, read with Section 86 BNS which defines cruelty.
- The punishment has not changed: a husband or his relative who subjects a woman to cruelty faces up to three years in prison and a fine.
- The offence remains cognizable, non-bailable, and non-compoundable — meaning police can act without a court order, bail is not automatic, and the complainant cannot simply withdraw the case.
- Cases registered before 1 July 2024 continue under the old Section 498A IPC; cases registered on or after that date are registered under Section 85 BNS.
- The biggest structural change is the separation of the definition of “cruelty” into its own standalone provision — Section 86 BNS — rather than burying it in an explanation appended to the main section as IPC 498A did.
- The offence is triable by a Magistrate of the First Class.
What was Section 498A IPC and why did it change?
Section 498A of the Indian Penal Code protected married women from cruelty by their husbands or relatives. It had been on the books for decades and was one of the most frequently invoked provisions in matrimonial disputes across India.
In 2023, Parliament passed three new criminal laws to replace the IPC, the Code of Criminal Procedure, and the Indian Evidence Act. All three came into force on 1 July 2024. The new laws are the Bharatiya Nyaya Sanhita (BNS), the Bharatiya Nagarik Suraksha Sanhita (BNSS), and the Bharatiya Sakshya Adhiniyam (BSA).
Section 498A IPC did not disappear. It was carried forward into the BNS — largely word for word — as Section 85, with one important structural adjustment described below.
How does Section 85 BNS compare with Section 498A IPC?
The core offence is worded almost identically. The Supreme Court, in a 2024 judgment, observed that the new provision is nothing but a verbatim reproduction of Section 498A IPC, with the only difference being that the definition of cruelty has been moved to a separate section.
| Feature | Section 498A IPC (before 1 July 2024) | Section 85 & 86 BNS (from 1 July 2024) |
|---|---|---|
| Who is covered | Husband or relative of husband | Husband or relative of husband (unchanged) |
| Maximum punishment | 3 years imprisonment + fine | 3 years imprisonment + fine (unchanged) |
| Definition of cruelty | Explanation appended to Section 498A itself | Standalone Section 86 BNS |
| Cognizable | Yes (with restrictions on who can report) | Yes (with the same restrictions) |
| Bailable | Non-bailable | Non-bailable (unchanged) |
| Compoundable | Non-compoundable | Non-compoundable (unchanged) |
| Trial court | Magistrate of the First Class | Magistrate of the First Class (unchanged) |
| Governing law | IPC 1860 / CrPC / Evidence Act | BNS 2023 / BNSS / BSA |
What does “cruelty” mean under Section 86 BNS?
Section 86 BNS carries forward a two-part definition of cruelty. Understanding both parts matters when you are deciding whether what you have experienced can support a complaint.
Part A — Conduct that endangers life or health
This limb covers any wilful conduct that is likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb, or health — whether that harm is physical or mental. Repeated emotional abuse, threats, and sustained intimidation can fall here, not just physical violence.
Part B — Harassment for unlawful demands
This limb covers harassment of the woman, or her relatives, to coerce them into meeting an unlawful demand for property or valuable security. Dowry-related pressure is the most common example, though the wording is not limited to dowry alone.
If what you have experienced fits either limb, it can form the basis of a complaint under Section 85 BNS. You can read more about related rights and remedies in our Law for You guides for women and families.
Who can file a complaint under Section 85 BNS?
Because the offence is cognizable, a police officer can register a First Information Report (FIR) and investigate without needing prior permission from a court. However, the law specifies who may set that process in motion.
The complaint must come from the woman who has been harmed, or from a person related to her by blood, marriage, or adoption. If no such relative is available, a public servant from a class notified by the State Government may also report the offence. A stranger or well-wisher who is not a relative cannot trigger the cognizance provisions on their own.
What happens to cases filed before 1 July 2024?
If an FIR was registered under Section 498A IPC before 1 July 2024, that case continues under the old law — both the substantive IPC provision and the procedural rules under the old CrPC. The repeal of the IPC does not wipe out past liability or ongoing proceedings.
For any complaint filed on or after 1 July 2024, the applicable section is Section 85 BNS, and the case will proceed under the BNSS and BSA. This transitional rule is built into the savings clauses of the new legislation.
What does non-compoundable mean in practice?
This is one of the most practical points for any woman considering filing — or already having filed — a complaint. Non-compoundable means you cannot reach a private settlement with your husband and then ask the court to close the case. Once the FIR is registered, the State effectively becomes a party and the prosecution continues regardless of whether the parties reconcile.
This is worth understanding before you file, because it limits your ability to step back from the process later. It also means that mediated settlement of related civil disputes — maintenance, custody, divorce — does not automatically end a Section 85 BNS criminal case.
Frequently asked questions
Is Section 498A IPC still valid, or do I need to refer to Section 85 BNS now?
Section 498A IPC was repealed on 1 July 2024. For any complaint filed on or after that date, the correct provision is Section 85 BNS read with Section 86 BNS. If your case was registered before 1 July 2024, it continues under the old Section 498A IPC. Always confirm with your advocate which section applies to your specific FIR date.
Has the punishment for marital cruelty changed under the BNS?
No. The maximum punishment under Section 85 BNS remains the same as under Section 498A IPC — imprisonment for up to three years and a fine. The offence also continues to be cognizable, non-bailable, and non-compoundable, so the practical weight of the provision has not been reduced.
Can my mother or sister file a Section 85 BNS complaint on my behalf?
Yes. The law allows the complaint to be made by the woman herself or by any person related to her by blood, marriage, or adoption. So a parent, sibling, or spouse’s relative can report the offence. If no such relative is available, a public servant from a notified class may also do so.
Primary sources
- Bharatiya Nyaya Sanhita 2023 — India Code (indiacode.nic.in): the official bare text of Sections 85 and 86 BNS.
- Supreme Court of India (sci.gov.in): judgments interpreting Sections 85 and 86 BNS, including the 2024 decision confirming that the new provisions reproduce Section 498A IPC verbatim.
- Bharatiya Nagarik Suraksha Sanhita 2023 — India Code: the procedural code governing how Section 85 BNS complaints are investigated and tried.
Written by Editorial Team, The Courtroom · Last verified 2026-07-14
This article is for general information only and is not legal advice. Laws change; verify against the primary sources cited and consult a qualified advocate for your situation.
