Is Section 85 BNS bailable or non-bailable?

Non-bailable and cognizable — bail is at the court's discretion, which is why anticipatory bail under Section 482 BNSS is the standard protective step for the husband and named family members. For Faridabad FIRs it is filed before the Sessions Court, Sector 12, then the Punjab & Haryana High Court if needed.

Kya poore parivaar ko case mein ghaseeta ja sakta hai?

Courts consistently caution against roping in distant relatives on vague, omnibus allegations. The Supreme Court has repeatedly quashed proceedings against family members where no specific role is attributed — general allegations against in-laws living separately are a recognised ground for quashing under Section 528 BNSS.

Can a 498A case be quashed after settlement?

Yes. Where the parties settle — commonly alongside a mutual-consent divorce — the Punjab & Haryana High Court regularly quashes 498A/S.85 proceedings on compromise, following Gian Singh v. State of Punjab (2012), since matrimonial offences are treated as personal in nature.

Matrimonial-Criminal · S.85 BNS · Urgent Guide

A 498A (Section 85 BNS) Complaint Has Been Filed — A Defence Guide for the Husband and Family

Q: 498A ab kaunsi section hai?

From 1 July 2024, Section 498A IPC has been renumbered as Section 85 of the Bharatiya Nyaya Sanhita, 2023 — cruelty by the husband or his relatives, punishable up to 3 years and fine. Complaints for conduct before that date continue under 498A IPC, so both numbers remain in use.

Q: Kya 498A mein turant arrest hota hai?

No. Because the offence is punishable up to 3 years (within the 7-year bracket), Section 35 BNSS and Arnesh Kumar v. State of Bihar (2014) apply with full force — police must ordinarily issue a notice of appearance and record written justification before any arrest. These guidelines were laid down specifically in a 498A case.

Last updated: 11 July 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: Section 498A IPC is now Section 85 BNS — cruelty by the husband or his relatives, punishable up to 3 years, cognizable and non-bailable. Arrest is not automatic: the Arnesh Kumar guidelines and Section 35 BNSS require police to proceed by notice first. The standard protective sequence is: FIR copy → anticipatory bail for all named persons (Sessions Court, Sector 12, Faridabad) → contest on merits, or quashing at the Punjab & Haryana High Court where allegations are omnibus or the matter settles.

The law: 498A → Section 85 BNS

Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes cruelty by the husband or his relatives — conduct likely to drive the woman to suicide or cause grave injury, or harassment linked to unlawful demands. Punishment: up to 3 years and fine. Conduct before 1 July 2024 continues to be prosecuted as 498A IPC, so Faridabad courts run both numbers today. Related provisions that often accompany the FIR: Section 115/117 BNS (hurt), Section 351 BNS (criminal intimidation), Sections 3/4 of the Dowry Prohibition Act, 1961, and parallel proceedings under the Protection of Women from Domestic Violence Act, 2005 (civil in nature) and maintenance under Section 144 BNSS.

Arrest protection — the Arnesh Kumar shield

Arnesh Kumar v. State of Bihar (2014) — itself a 498A matter — directed that for offences punishable up to 7 years, police must not arrest mechanically: a checklist under (what is now) Section 35 BNSS must be filled, reasons recorded, and the magistrate must apply mind before authorising detention. Non-compliance invites departmental action and contempt. Practically: if family members receive calls to "come to the police station," the correct response is a lawyer-guided appearance under a Section 35(3) notice — not informal visits, and not avoidance (which builds a case for arrest).

Anticipatory bail — who should apply, and where

Because the offence is non-bailable, anticipatory bail under Section 482 BNSS is the standard step for the husband and every named relative. For Faridabad FIRs, applications are filed before the Sessions Court at the Sector 12 complex; the Punjab & Haryana High Court at Chandigarh is the next forum. Courts routinely grant protection where allegations against parents-in-law, married sisters-in-law, or relatives living separately are vague. Conditions typically include joining the investigation and not contacting the complainant. Interim protection is often granted on the first listing. The complete bail framework is on the bail page.

The defence file — what to assemble in week one

FIR + complaint copy: identify exactly what act is attributed to each person, with dates.
The counter-timeline: a dated record of the marriage, disputes, panchayats/mediations, and who said what.
Documents: chats, call records, money transfers (stridhan/gifts documentation), medical papers, travel records showing absence on alleged dates, and proof of separate residence for relatives.
Witnesses: neighbours, common friends, and family elders who attended reconciliation attempts.

These same materials serve the anticipatory bail application, the trial defence, and any quashing petition — building the file once, properly, is the highest-value step.

Quashing — when the High Court steps in

The Punjab & Haryana High Court can quash the FIR or proceedings under Section 528 BNSS in two broad situations. First, on merits under the State of Haryana v. Bhajan Lal (1992) categories — where allegations are absurd, omnibus, or disclose no offence; the Supreme Court has repeatedly deprecated the mechanical roping-in of the husband's entire family. Second, on settlement — following Gian Singh v. State of Punjab (2012), matrimonial offences are regularly quashed on compromise, commonly as part of a package with mutual-consent divorce and a one-time settlement covering maintenance and stridhan.

How these cases usually resolve

Path	What it looks like
Settlement + quashing	Mediation (often court-annexed at Faridabad) → mutual divorce + settlement → 498A quashed at P&H HC — the most common resolution
Trial on merits	Charge, prosecution evidence, cross-examination on inconsistencies, defence evidence, judgment — at the Magistrate court, Sector 12
Quashing on merits	Where the FIR is legally hollow — decided at the High Court without trial
Discharge	At charge stage, where even the chargesheet discloses no case against particular persons

Frequently asked questions

498A ab kaunsi section hai?

Section 85 BNS (1 July 2024 se). Purani conduct pe 498A IPC hi chalti hai — dono numbers courts mein active hain.

Kya 498A mein turant arrest hota hai?

Nahin — Arnesh Kumar (2014) + Section 35 BNSS: pehle notice, arrest ka likhit justification zaroori. Ye guidelines 498A case mein hi bani thin.

Bailable hai ya non-bailable?

Non-bailable, cognizable — isliye anticipatory bail (S.482 BNSS) standard protective step hai, Sessions Court Faridabad se shuru.

Kya poora parivaar phas sakta hai?

Vague omnibus allegations pe distant relatives ke against proceedings quash hoti rahi hain — specific role zaroori hai. Separate residence ka proof strong defence hai.

Settlement ke baad case khatam ho sakta hai?

Haan — Gian Singh (2012) ke tahat compromise pe P&H High Court regularly quash karta hai, aksar mutual divorce package ke sath.