IPC Section 498A = BNS Section 85

Cruelty by Husband or His Relatives

पति या उसके रिश्तेदारों द्वारा क्रूरता

Offences Against Women No Change in Punishment Cognizable Non-Bailable Updated: 2026-02-28

Overview

Section 498A of the IPC dealt with cruelty by a husband or his relatives towards a married woman. It was one of the most frequently filed sections in matrimonial disputes. Under the BNS 2023, this provision is now Section 85. The punishment remains imprisonment up to 3 years and fine.
Hindi IPC की धारा 498A पति या उसके रिश्तेदारों द्वारा विवाहित महिला के प्रति क्रूरता से संबंधित थी। यह वैवाहिक विवादों में सबसे अधिक दायर की जाने वाली धाराओं में से एक थी। BNS 2023 के तहत, यह प्रावधान अब धारा 85 है।

Side-by-Side Comparison

Aspect IPC (Old) BNS (New)
Section Number Section 498A Section 85
Title Cruelty by Husband or His Relatives Cruelty by Husband or His Relatives
Punishment Imprisonment up to 3 years and fine Imprisonment up to 3 years and fine
Cognizable Yes — Police can arrest without warrant
Bailable No — Bail at the discretion of the court
Compoundable No — Cannot be compounded/settled
Triable By Magistrate of the First Class

Key Changes

  • Section number changed from IPC 498A to BNS 85
  • Definition of cruelty remains substantially the same
  • The offence continues to be non-bailable and non-compoundable
  • No significant changes in the substantive provisions

Ingredients of the Offence

To establish this offence, the prosecution must prove:

  1. 1 The woman must be married
  2. 2 She must be subjected to cruelty by her husband or his relatives
  3. 3 Cruelty includes conduct driving the woman to suicide or causing grave danger to life/health
  4. 4 Cruelty also includes harassment for dowry demands

Frequently Asked Questions

What is the BNS equivalent of IPC Section 498A?

IPC Section 498A (Cruelty by Husband or Relatives) is now BNS Section 85 under the Bharatiya Nyaya Sanhita 2023, effective from July 1, 2024.

Is 498A still non-bailable under BNS?

Yes. BNS Section 85 (formerly IPC 498A) remains a cognizable, non-bailable, and non-compoundable offence.

What is the punishment for 498A under BNS?

Under BNS Section 85, the punishment is imprisonment for a term which may extend to 3 years and fine. This is the same as under IPC Section 498A.

Legal Disclaimer

This IPC-to-BNS section comparison is provided for informational and educational purposes only. It does not constitute legal advice. The mapping may not cover all nuances introduced by the new law. Always consult a qualified advocate or legal professional before relying on this information. For more details, see our Disclaimer.

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