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Indian Penal Code, 1860 · Chapter XXA: Of Cruelty by Husband or Relatives of Husband

Section 498A: Husband or relative of husband of a woman subjecting her to cruelty

The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.

Now in the BNS section 85, section 86

In plain words

A husband, or a relative of the husband, who subjects a woman to cruelty is punishable with imprisonment for up to three years, and a fine.

  • "Cruelty" means wilful conduct likely to drive her to suicide or cause grave injury or danger to her life, limb or health (mental or physical).
  • It also means harassing her, or her relatives, to force them to meet an unlawful demand for property or valuable security, or because they failed to meet such a demand.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.—For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Understanding this section

Section 498A punishes a husband or his relative who subjects a woman to cruelty. It was added in 1983 to fight dowry harassment and domestic abuse. Cruelty here is a defined term, narrower than the everyday word, and it has two distinct limbs.

The two kinds of cruelty

  • (a) Wilful conduct likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, physical or mental.
  • (b) Harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security, or harassment because they failed to meet such a demand.

Who can be accused

Only the husband or a relative of the husband. Courts examine closely whether distant relatives named in a complaint actually took part; general and vague allegations against the whole family are not enough.

Relationship with other offences

Cruelty under section 498A is often charged with dowry death (section 304B) or abetment of suicide (section 306). They are distinct: proving cruelty does not by itself prove that the accused abetted a suicide, and a dowry death requires the cruelty to be connected to a dowry demand and to have occurred soon before death.

Misuse and arrest safeguards

The Supreme Court has upheld the section as valid, holding that possible misuse is no reason to strike it down. At the same time, it has directed that police must not arrest automatically in such cases; they must record reasons under the arrest provisions, and Magistrates must not authorise detention mechanically.

Key Supreme Court rulings

  • Sushil Kumar Sharma v. Union of India 2005 INSC 299

    Section 498A is constitutionally valid; the mere possibility of abuse does not make a provision unconstitutional. Where it is misused, it is for the legislature to respond, and courts must deal with frivolous complaints within the existing framework.

  • Arnesh Kumar v. State of Bihar 2014 INSC 463

    For offences punishable up to seven years, including section 498A, police may not arrest merely because the offence is cognizable and non-bailable; they must record satisfaction on the statutory factors, and Magistrates must not authorise detention casually. Directions were issued to prevent unnecessary arrests.

  • Ramesh Kumar v. State of Chhattisgarh 2001 INSC 515

    A conviction under section 498A does not mean the accused must also be guilty of abetting suicide on the same evidence; the two offences are distinct.

Common mistakes

  • Using cruelty in its everyday sense. Only the two defined limbs count.
  • Assuming cruelty proves abetment of suicide or dowry death.
  • Treating arrest as automatic in section 498A cases.

Read with: Section 304B IPC, Section 306 IPC, Section 85 BNS

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 498A