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CHAPTER XXA OFCRUELTY BY HUSBANDOR RELATIVESOF HUSBAND

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

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

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.]

Now in the BNS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

498A. Husband or relative of husband of a woman subjecting her to cruelty.BNS 85
498A. ExplanationBNS 86

Leading cases

Questions on this section

9 questions in 20 of our papers cite Section 498A. Try these from the free papers:

  1. 1. The maximum punishment under Section 85 of the BNS for a husband or relative of the husband who subjects a woman to cruelty is imprisonment for a term which may extend to

  2. 2. With reference to the conclusions of the Supreme Court in Dr. Lokesh B.H. v. State of Karnataka (3 August 2026), consider the following statements: 1. The live-in relationships protected by Section 498A IPC are those between two consenting adult individuals. 2. The extended meaning given to the word 'husband' applies equally to every other provision of the Indian Penal Code that refers to a husband. 3. The initial burden of proving the intent to marry lies on the female partner who seeks the protection of the provision. 4. No partner in a relationship in the nature of marriage accused of cruelty is to be arrested without preliminary enquiries, and the Arnesh Kumar safeguards apply strictly. Which of the statements given above are correct?

  3. 3. Under Section 5 of the Protection of Women from Domestic Violence Act, 2005, a police officer, Protection Officer, service provider or Magistrate who receives a complaint of domestic violence shall inform the aggrieved person of: 1. her right to apply for a protection order, monetary relief, custody order, residence order or compensation order. 2. her right to free legal services under the Legal Services Authorities Act, 1987. 3. her right to file a complaint under Section 498A of the Indian Penal Code, wherever relevant. 4. her right to interim compensation from the State Government's victim compensation fund. Which of the above are listed in Section 5?

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