Overview
Cruelty by a husband or his relatives — dowry harassment, physical or mental cruelty driving a woman to injury — is a cognizable offence under BNS Section 85 (the old 498A IPC). For genuine victims it is a powerful protection, prosecuted alongside the DV Act and dowry-recovery claims. Because it is also invoked tactically in matrimonial battles, the Supreme Court has layered in safeguards: family welfare committee scrutiny in some states, no automatic arrests, and quashing for clearly baseless or settled cases. We act on both sides — building strong prosecutions for genuine cruelty, and securing anticipatory bail and quashing for the falsely implicated, including NRI families.
Key Provisions — Bharatiya Nyaya Sanhita (BNS), 2023
- BNS Section 85 — cruelty by husband or relatives: up to 3 years; cognizable and non-bailable.
- Arnesh Kumar guidelines — no automatic arrest; police must justify arrest against a checklist, and violation invites contempt.
- Anticipatory bail (BNSS 482) protects the accused family during investigation; vague omnibus allegations against distant relatives are a recognised quashing ground.
- Settlement-based quashing under BNSS 528 lets genuinely resolved matrimonial cases end formally.
What You Can Get
How We Handle It
Case Assessment
Whichever side you are on — we map the allegations against the evidence honestly.
Complaint / Protection
FIR with supporting evidence for victims; anticipatory bail for accused families.
Investigation Stage
We manage police proceedings, chargesheet scrutiny, and interim applications.
Trial / Quashing / Settlement
Prosecution to conviction, quashing of baseless cases, or a settled global closure.
Frequently Asked Questions
I'm facing real dowry harassment — what should I gather before filing?
Messages and call recordings of demands, medical records of injuries, witnesses to incidents, and the list of stridhan given. A well-evidenced FIR is acted on very differently from a bare one.
My parents and married sister were named in a 498A though they live in another city — what can they do?
Omnibus implication of distant relatives is a settled quashing ground. Anticipatory bail first, then a quashing petition for those with no specific role alleged.
Legal Connect connects you with independent family-law advocates; we are not a law firm and this page is general information, not legal advice. Family matters are handled with complete confidentiality — call +91 22 6555 3444.