498A IPC Punishment: Sentence, Bail, Compounding and BNS 85
Quick answer: Section 498A IPC, now Section 85 of the Bharatiya Nyaya Sanhita (BNS), punishes a husband or his relative who subjects a married woman to cruelty with imprisonment up to three years and a fine. The offence is cognizable, non-bailable and, in Delhi, non-compoundable, though courts grant bail routinely and the High Court can quash a case on a genuine settlement.
What 498A says
Section 498A IPC was added in 1983 to deal with cruelty to married women. Since 1 July 2024, offences of this kind are charged under Section 85 BNS, and Section 86 gives the definition of cruelty. The punishment did not change.
"Cruelty" means (i) wilful conduct likely to drive a woman to suicide or to cause grave injury or danger to life, limb or health, mental or physical; or (ii) harassment to force her or her relatives to meet an unlawful demand for property or valuable security.
Punishment and legal status at a glance
| Question | Answer |
|---|---|
| Maximum punishment | Imprisonment up to 3 years and fine |
| Cognizable? | Yes, police can register an FIR |
| Bailable? | Non-bailable, but bail is commonly granted |
| Compoundable? | No (not in the list of compoundable offences in Delhi) |
| Who tries it? | Magistrate of the First Class |
| Old section | 498A IPC |
| New section | 85 and 86 BNS |
Some states made local amendments to allow compounding; Delhi has not. In practice, genuine settlements are recorded and the High Court quashes the FIR under Section 528 BNSS (old Section 482 CrPC). See 498A settlement process.
Who can be accused?
Only the husband or a "relative of the husband". In U. Suvetha v. State (2009) the Supreme Court held that a relative means someone related by blood, marriage or adoption, so a girlfriend or live-in partner is not a relative for 498A. The Court has also repeatedly warned against dragging in distant relatives on vague allegations. See 498A judgments in favour of the husband.
Limitation
The sentence of up to three years means the criminal procedure law allows taking cognizance within three years of the offence, but courts treat cruelty as a continuing offence in many cases, so the period may run from the last act, and delay can be condoned. Always get advice on the facts.
If you are accused or a complainant
- Accused: act quickly. Preserve evidence, do not threaten the complainant, and consider anticipatory bail and the steps in false 498A case: what to do.
- Complainant: keep proof of cruelty, see evidence required to prove 498A and consider the DV Act too.
Our 498A lawyers in Delhi appear for both sides before Delhi Magistrate, Sessions and High Court.
Frequently asked questions
What is the punishment for 498A?
Imprisonment up to three years and a fine.
Is 498A bailable?
It is non-bailable, but courts regularly grant bail, and anticipatory bail is available.
Is 498A compoundable?
Not by the parties alone in Delhi. The High Court can quash the case on a genuine settlement.
What is the BNS section for 498A?
Sections 85 and 86 BNS.
Can a mother-in-law be arrested under 498A?
She can be named, but courts expect specific allegations against her and restrict automatic arrests.
Related guides
- Section 498A amendments and reforms
- Police procedure for arresting under 498A
- Evidence required to prove 498A
- 498A case in Delhi: process, bail, defence
Where we can help
Talk to a Delhi lawyer about your case
Every case turns on its own facts and documents. A short consultation with Advocate Anant Misra's team will tell you where you stand and what to do next.
Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.