Here is a general overview of common questions on section 498a / bns 85 cruelty complaints under Indian law.
Before the frequently asked questions
IPC s.498A corresponds to BNS s.85 (cruelty by a husband or his relatives), with the definition of cruelty itself set out in BNS s.86.
In Shivangi Bansal v Sahib Bansal (22 Jul 2025), the Supreme Court held that the Allahabad High Court's Family Welfare Committee guidelines (from Mukesh Bansal, 2022) 'shall remain in effect and be implemented'.
Frequently asked questions
Is there a cooling-off period before arrest in a 498A complaint?
Following Shivangi Bansal v Sahib Bansal (22 Jul 2025), a Family Welfare Committee review process with a 2-month period of no arrest or coercive action is generally expected to apply, subject to the facts and the offences alleged.
For a fuller explanation, see FIR Registration and Zero FIR: How It Works and Bail and Anticipatory Bail in India: A General Overview.
If you would like this looked at against your own facts, a consultation is a reasonable next step.
The content above explains how the law generally works; it is not legal advice and should not be treated as a substitute for advice on your particular facts.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.