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Cruelty by a Husband or In-Laws -- the Criminal Offence (BNS ss.85-86)

For a married woman facing cruelty from her husband or his relatives -- the criminal prosecution track (successor to the old IPC s.498A), genuinely distinct from the civil Domestic Violence Act protection-order route and from divorce/maintenance proceedings, though all three can run together.

1. 1. Understand this is a separate, criminal-law remedy.
   Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (the direct successor to IPC s.498A) make 'cruelty' by a husband or his relatives -- wilful conduct likely to drive a woman to suicide or grave injury, or harassment to coerce her or her family to meet an unlawful demand for property/valuable security -- a distinct criminal offence, punishable with imprisonment up to 3 years and a fine.
2. 2. File the complaint at the police station, or directly before a Magistrate.
   Register an FIR at the police station with jurisdiction, or file a complaint directly before a Magistrate under BNSS s.223 (successor to CrPC s.200) if you prefer to bypass the police stage.
3. 3. Know the arrest safeguards that apply specifically to this offence.
   Following the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 -- now reflected in BNSS s.35's own arrest-necessity checklist -- a police officer must record specific reasons before arresting in a case punishable with up to 7 years' imprisonment (which includes this offence), rather than arresting automatically on registration of the FIR.
4. 4. Anticipatory bail is available, like for any non-bailable offence.
   The accused (husband/in-laws) can apply for anticipatory bail under BNSS s.482 if they fear arrest -- courts weigh the Arnesh Kumar arrest-necessity safeguards heavily at this stage too.
5. 5. Know that this offence is not compoundable in most states, with a couple of named exceptions.
   Under BNSS's own compounding provisions (the successor to CrPC's Section 320 table of compoundable offences), this offence is not compoundable in most states -- meaning the case cannot simply be withdrawn by mutual agreement. Andhra Pradesh and Rajasthan are notable exceptions where the state has made it compoundable with the court's permission.
6. 6. Quashing on the basis of a genuine settlement remains possible even where the offence isn't compoundable.
   The Supreme Court has recognised, including in Shivangi Bansal v. Sahib Bansal, 2025 INSC 883, invoking Article 142 of the Constitution, that a case can be quashed following a genuine matrimonial settlement even where the offence isn't formally 'compoundable' -- though this power is exercised on the specific facts, not as an automatic right. Disclosed: an earlier Constitution Bench ruling, Social Action Forum for Manav Adhikar v. Union of India, (2018) 10 SCC 443, took a narrower view on when courts should intervene in such cases -- exactly how these two lines of authority fully reconcile is not something this app resolves with confidence, so it's disclosed rather than presented as settled.
7. 7. The Domestic Violence Act and Family Court routes remain separately available.
   A woman can pursue this criminal complaint alongside -- not instead of -- a civil protection order under the Protection of Women from Domestic Violence Act, 2005, and any maintenance/custody/divorce proceeding before the Family Court; the three are legally independent remedies.

These are the remedies Indian law provides for this kind of situation -- not a recommendation, and not every remedy will apply to your own facts.

Aadhrix does not decide which route applies to you. This describes the official process as published — consider an advocate for advice specific to your situation.

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