498A Case in Kerala: Cruelty Under Section 85 BNS, Bail and Quashing

A 498A case in Kerala usually begins when a marriage has broken down and the wife, or her family, goes to the police alleging cruelty or dowry harassment. For her, it is a way to seek protection. For the husband and his family, the first news of it, often a call from the police station, brings worry about arrest, travel and reputation.

Since 1 July 2024 the offence is in Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS), though most people still call it a 498A case. This guide explains the law, the safeguards against arrest, the position of relatives, and how the case can end, including by settlement.

Section 498A IPC punished a husband or his relative who subjected a woman to cruelty. From 1 July 2024 the offence is in Section 85 BNS, with cruelty defined in Section 86 BNS. Cases registered before that date continue under the old IPC and CrPC provisions where relevant.

Cruelty means either:

• wilful conduct likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, mental or physical; or
• harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security, such as dowry, or harassment because such a demand was not met.

The punishment is up to three years’ imprisonment and a fine. The offence is cognizable (the police can register an FIR and investigate), non-bailable (bail is at the court’s discretion) and non-compoundable (the parties cannot settle it in the trial court). It is tried by a Judicial First Class Magistrate.

Not every quarrel is cruelty in this sense. In Firoz Kunnumal v. State of Kerala (2026), the High Court of Kerala observed that not every instance of harassment, disagreement or ill-treatment between spouses is, by itself, cruelty, though a single grave act can be.

A 498A complaint often includes offences under the Dowry Prohibition Act, 1961: giving or taking dowry (Section 3, with a minimum of five years’ imprisonment unless the court records special reasons), demanding dowry (Section 4, up to two years), and failing to hand over dowry received to the woman within three months (Section 6). Offences under this Act are non-bailable and non-compoundable (Section 8).

Where the complaint says that gold or money entrusted to the husband or his family was not returned, criminal breach of trust under Section 316 BNS (old Section 406 IPC) is often added. Kerala also has district-level Dowry Prohibition Officers under the Kerala Dowry Prohibition Rules, amended in 2021.

The civil claim for gold is separate. See our guide on the return of gold and streedhan in Kerala.

1. Complaint and FIR. The complaint is often given at the police station near the wife’s home. Under Rupali Devi v. State of Uttar Pradesh (2019), courts where she has taken shelter after leaving the matrimonial home can have jurisdiction, so a case can be pursued in Kerala even if the couple lived elsewhere in India.
2. Investigation. The police record statements and may call the husband and his relatives by notice.
3. Final report. If the police find a case, they file a final report (charge sheet) before the Judicial First Class Magistrate.
4. Summons and bail. For offences punishable with up to seven years, the Supreme Court directed in Satender Kumar Antil v. CBI (2022) that an accused who was not arrested and cooperated should ordinarily get summons first, may appear through a lawyer, and may have bail decided without being taken into custody.
5. Trial. Charges are framed and evidence is taken, unless the case ends earlier by discharge, quashing or settlement.

A 498A case does not mean automatic arrest. In Arnesh Kumar v. State of Bihar (2014), itself a 498A case, the Supreme Court directed that for offences punishable with up to seven years the police must not arrest automatically, must record why arrest is necessary, and otherwise issue a notice of appearance.

That notice is now under Section 35(3) BNSS (old Section 41A CrPC). A person who complies with it is not to be arrested for that offence unless the officer records reasons. In Satender Kumar Antil v. CBI (2026), the Supreme Court reaffirmed that for such offences the notice is the rule and arrest the exception.

Where arrest is still a real risk, anticipatory bail under Section 482 BNSS (old Section 438 CrPC) can be sought, ordinarily in the Sessions Court first and then in the High Court of Kerala if it is refused. See our guide to bail in Kerala.

The husband’s parents, siblings and other relatives are often named, and the courts look closely at what is said against each of them.

In Kahkashan Kausar v. State of Bihar (2022), the Supreme Court held that general and omnibus allegations cannot justify forcing the husband’s relatives to face trial. In Dara Lakshmi Narayana v. State of Telangana (2024), it said that naming family members without specific allegations should be nipped in the bud, while making clear that a woman who has suffered cruelty need not remain silent.

The High Court of Kerala strikes the same balance. In V. Karthyayani v. State of Kerala (2025), it held that sweeping allegations against in-laws are not enough, but specific ones must go to trial. In Firoz Kunnumal (2026), it quashed the case against the in-laws, where the allegations were vague, but not against the husband.

For a relative with no specific role in the FIR, a quashing petition is often the right remedy. See our guide to FIR quashing in the Kerala High Court.

Because the offence is non-compoundable, a wife who no longer wishes to pursue the case cannot simply withdraw it in the Magistrate court. When the couple settle, the route is a petition before the High Court under Section 528 BNSS (old Section 482 CrPC). In B.S. Joshi v. State of Haryana (2003), the Supreme Court held that such matrimonial cases can be quashed on settlement. The High Court of Kerala has applied this in many cases, for example in Shanif M K v. State of Kerala (2025), where proceedings under Sections 85 and 316(2) BNS were quashed after the wife confirmed the settlement by affidavit.

A settlement usually covers everything at once: mutual consent divorce, money, gold, custody, and the closing of the criminal and domestic violence cases. The order of the steps matters, so that neither side is left exposed.

A 498A case is rarely the only case. The same dispute often produces:

• a domestic violence case before the Magistrate, which is mainly about protection, residence and money;
• a maintenance case before the Family Court;
• a divorce petition, in which cruelty may be pleaded as a ground;
• a claim for the return of gold and money.

Each is decided separately, but what is said in one is often used in another, so the stand in every case should be consistent.

• Find out exactly what has been registered: the police station, the FIR number and the sections. A person named in an FIR can apply for a copy (Youth Bar Association of India v. Union of India, 2016).
• Do not ignore a police notice. Respond through your advocate and attend as directed. Failing to comply can itself lead to arrest.
• Do not pressure the complainant or her family. Any settlement talks should go through advocates or mediation.
• Collect your documents: messages, bank transfers, records of gold and gifts, and any earlier complaints or settlements.

If you live abroad. In Anu Mathew v. State of Kerala (2023), the High Court of Kerala held that anticipatory bail can be sought while the applicant is abroad, but the applicant must be in India before the final hearing. The application must also disclose that the applicant is abroad. Where every act alleged took place outside India, the High Court held in Darvin Dominic v. State of Kerala (2024) that the case cannot be tried in India without the Central Government’s sanction, now under Section 208 BNSS (old Section 188 CrPC). A case left unattended can lead to warrants or a Look Out Circular, which courts have cautioned should not be issued mechanically in ordinary matrimonial cases.

Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, acts in matrimonial disputes for wives as well as for husbands and their families. For those named in a 498A case, he handles anticipatory and regular bail and quashing petitions before the High Court of Kerala, including for NRIs. Trials before the Magistrate courts in Ernakulam and across Kerala are also handled through the office. It also handles the connected divorce, maintenance, domestic violence and gold cases, so that everything moves in step.

This guide is general information. The right step depends on the FIR, the documents and the facts of your matter. See the Criminal Law and Family Law pages for the full scope of work.

Questions people often ask

Is 498A bailable?
No. Cruelty under Section 85 BNS (old Section 498A IPC) is non-bailable, so bail is at the court’s discretion. But arrest is not automatic, and a notice of appearance should ordinarily come first.

Can my parents and sister be made accused in a 498A case?
They can be named, as the section covers the husband’s relatives. If the allegations against them are only general, the High Court can quash the case against them; specific allegations usually go to trial.

Can a 498A case be withdrawn after a compromise?
Not in the trial court, because the offence is non-compoundable. After a genuine settlement, the High Court can quash it under Section 528 BNSS, usually on the basis of the wife’s affidavit.

Is there a two-month no-arrest rule in 498A cases?
In Shivangi Bansal v. Sahib Bansal (2025), the Supreme Court directed that Allahabad High Court guidelines on a two-month cooling period and Family Welfare Committees be implemented. They came from a case in Uttar Pradesh, and whether they apply in Kerala is not clearly settled, so do not rely on them.

I work in the Gulf. Can I apply for anticipatory bail from there?
Yes, the application can be filed while you are abroad, but the High Court of Kerala expects you to be in India before the final hearing.

This guide gives general information about the law in Kerala. It is not legal advice on any particular case.