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.

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.

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.

Best 498A lawyer in Faridabad kaun hai?

The claim itself is unlawful — no advocate may advertise as the best 498A lawyer (Rule 36 BCI Rules). What can be verified: regular defence practice in Sections 85/86 BNS (old 498A) matters at the Faridabad Sessions Court and the Punjab & Haryana High Court, command of Arnesh Kumar and Kahkashan Kausar safeguards, and written terms.

Public Guidance · Faridabad · Civil & Criminal

Defamation in India — Civil Suit or Criminal Complaint, or Both?

Last updated: 2 August 2026 · By Advocate Manish Sharma, Faridabad · General legal information, not legal advice

In short: Defamation in India runs on two independent tracks that can be pursued together — a criminal complaint under Section 356(1) and 356(2) of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 499/500 IPC), which can lead to imprisonment up to two years and a fine, filed before a Magistrate; and a civil suit for damages (a tort claim) seeking monetary compensation, filed before the civil court with jurisdiction, either where the defendant resides or where the defamatory statement was made or published. Both routes usually begin the same way — a legal notice demanding retraction or apology — before any filing.

What must actually be proved?

Four elements, regardless of which track: (1) a statement was made or published, (2) it was false, (3) it referred to the person claiming defamation, and (4) it caused or was intended to cause harm to reputation. Truth is a complete defence in most circumstances; a genuine opinion, fair comment on a matter of public interest, or a privileged communication (certain judicial, parliamentary, or good-faith reporting contexts) can also defeat a claim. Online statements — social media posts, reviews, WhatsApp forwards — are treated the same as spoken or printed defamation once published to a third party.

Civil suit vs criminal complaint — which to choose?

A civil suit aims at compensation — money damages for the reputational and often financial harm caused — and the standard of proof is the ordinary civil standard (preponderance of probability). A criminal complaint aims at punishment, requires proof of intent or knowledge that the statement would harm reputation, and carries a higher standard of proof. Many genuine cases pursue both simultaneously: the criminal complaint creates pressure and an official record, while the civil suit is the practical route to actual compensation.

Step 1 — the legal notice

Before filing either case, a legal notice demanding retraction, an apology, and (for the civil route) a compensation figure is the standard first step. It creates a documented paper trail, often resolves the matter without litigation, and strengthens the eventual case by showing the other side had a fair opportunity to correct the statement.

Step 2 — filing, and where

A criminal complaint under Section 356 BNS is filed as a private complaint before the Judicial Magistrate. A civil suit is filed before the civil court with pecuniary jurisdiction over the compensation claimed, under Section 19 CPC, in the district where the defendant resides or where the statement was made/published — for Faridabad-based matters, ordinarily the Civil Judges at the District Court, Sector 12. Court fees for the civil route are calculated as a percentage of the compensation claimed, varying by state.

How long do you have to file?

A criminal complaint under Section 356 BNS is generally subject to a three-year limitation period; a civil defamation suit typically has a one-year limitation window under the Limitation Act, 1963. Acting promptly — starting with the legal notice — preserves both routes.

Frequently asked questions

Can I file both a criminal and civil defamation case at the same time?

Yes — the two are legally independent; pursuing a criminal complaint under Section 356 BNS does not stop a parallel civil suit for damages, and many genuine cases pursue both.

Does an online post or social media comment count as defamation?

Yes — a false, harmful statement published to even one third party (a WhatsApp group, a public post, a review) meets the "publication" requirement the same way spoken or printed statements do.

Is truth a defence to a defamation claim?

Yes — a true statement is generally a complete defence, along with genuine opinion, fair comment on a matter of public interest, and certain privileged communications.

How much time do I have to file a defamation case?

A criminal complaint under Section 356 BNS generally has a three-year limitation window; a civil suit for damages typically has one year under the Limitation Act, 1963.

Kisi ne jhoothi baat failaakar badnaam kiya, kya karein?

Pehle legal-notice bhejo (retraction/apology maangte hue), phir criminal-complaint (Section 356 BNS, Magistrate ke saamne) ya civil-suit (damages ke liye, civil-court mein) — ya dono ek-saath, facts ke hisaab se.