Section 498A IPC (Dowry Harassment) – How to File Complaint & Legal Process 2025

Facing harassment from husband or in-laws? Tortured for dowry? Threatened or abused?

Section 498A is your legal weapon!

This powerful law protects married women from cruelty by husband and in-laws. Thousands of women have used it to get justice. Let's understand everything about this law.

What is Section 498A?

Under Bharatiya Nyaya Sanhita (BNS) 2023: Now Section 85 BNS (earlier Section 498A IPC)

What it says: "Whoever, being the husband or relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment up to 3 years and fine."

Simple meaning: If husband or his relatives harass/torture a woman, it's a crime.

What is "Cruelty"?

Two types defined:

Type 1: Physical/Mental Cruelty

• Any conduct causing grave injury

• Danger to life, limb, or health (physical/mental)

• Harassment/torture

Examples:

• Beating/physical violence

• Mental torture

• Verbal abuse

• Threats to harm/kill

• Restricting freedom

• Starvation

• Not allowing to meet family

• Forced abortion

• Sexual abuse

Type 2: Dowry-Related Harassment

• Harassment for dowry demands

• Coercing woman or relatives to give money/property

• Unlawful demands from woman or her family

Examples:

• "Bring ₹10 lakh from your parents or leave"

• "Your father didn't give car, so we'll torture you"

• Comparing with other brides who brought more dowry

• Harassment for not meeting dowry expectations

Who Can Be Prosecuted?

✓ Husband✓ Father-in-law✓ Mother-in-law✓ Brother-in-law✓ Sister-in-law✓ Any relative of husband (uncle, aunt, cousin, etc.)

All can be named in complaint if involved!

Punishment:

Under Section 85 BNS (498A IPC):

• Imprisonment up to 3 years

• Fine

• Or both

Additional provisions:

• Cognizable offense – Police can arrest without warrant

• Non-bailable – Bail not automatic, court decides

• Non-compoundable – Can't be settled without court approval

Who Can File Complaint?

✓ Married woman (victim)✓ Her parents✓ Her relatives✓ On her behalf if she's unable

Note: Live-in partner cannot file 498A (only legally married women)

When to File 498A Complaint:

File immediately if:

❗ Physical violence – Beating, hitting, injury❗ Dowry demands – Harassment for money/property❗ Threat to life – "I'll kill you"❗ Mental torture – Constant abuse, humiliation❗ Forced out of matrimonial home❗ Not given food or basic necessities❗ Sexual abuse❗ Harassment from in-laws❗ Prevented from working or studying❗ Economic abuse – No money for expenses

Don't wait or think it will improve. Report early!

How to File 498A Complaint – Step by Step:

Step 1: Document Everything (Crucial)

Collect evidence:

✓ Medical certificates – For injuries, get examined and documented✓ Photos/videos – Of injuries, damaged property✓ Messages/emails – Threatening, abusive, or demanding dowry✓ Call recordings – Legal if you're party to conversation✓ Witnesses – Neighbors, relatives, friends who saw/heard✓ Dowry list – What was given at marriage✓ Demand letters – Any written demands✓ Bank statements – Money given to in-laws✓ Previous complaints – If filed before

More evidence = Stronger case

Step 2: Go to Safe Place

If living with in-laws is unsafe:

• Move to parents' home

• Or trusted relative

• Or women's shelter

Your safety first!

Step 3: File FIR

Where to file:

• Nearest police station (where you are)

• Where matrimonial home is (jurisdiction)

• Women's cell at police station

How to file:

A) Visit Police Station:

• Tell duty officer: "I want to file FIR under Section 85 BNS (498A IPC)"

• Narrate your ordeal

• Police will write FIR

Include in FIR:

• Your details (name, address, marriage date)

• Husband and in-laws' details (names, addresses)

• Chronological events (when harassment started, what happened)

• Specific incidents with dates

• Dowry demands (amounts, items)

• Physical violence details

• Witnesses

• Evidence you have

Important:

• Police MUST register FIR – It's cognizable offense

• Get FIR copy (free, your right)

• Note FIR number

B) If Police Refuse (Illegal but happens):

• Insist firmly

• Quote Section 85 BNS (498A IPC)

• If still refuse, meet SP/Commissioner

• Or file complaint with Magistrate under Section 156(3) CrPC (Magistrate will direct police)

Step 4: Medical Examination

Police will send you for medical:

• To government hospital

• Doctor examines injuries

• Issues Medico-Legal Certificate (MLC)

• Becomes crucial evidence

Even if no visible injuries, get examined (mental trauma also documented)

Step 5: Police Investigation

After FIR, police will:

• Record your detailed statement

• Visit matrimonial home

• Collect evidence

• Record witnesses' statements

• May arrest accused (husband/in-laws)

• Investigate for 60-90 days

Step 6: Arrest of Accused

498A is non-bailable:

• Police can arrest without warrant

• All named accused can be arrested

• They must apply for bail in court

• May spend days/weeks in custody before bail

Supreme Court guidelines (2018):

• Police should not arrest mechanically

• Should verify allegations first

• But serious cases → immediate arrest

Step 7: Chargesheet Filed

After investigation, police file:

• Chargesheet (if evidence found), OR

• Closure report (if no evidence)

Chargesheet contains:

• Evidence collected

• Witness statements

• Your statement

• Accused's interrogation

• Medical reports

• Other documents

Step 8: Court Trial

Case goes to Magistrate Court:

Trial process:

• Accused appears

• Charges framed

• Your evidence (testimony, documents, witnesses)

• Accused's defense

• Cross-examination

• Arguments

• Judgment

Timeline: 1-3 years typically (can be longer)

Step 9: Judgment

Court decides:

If convicted:

• Imprisonment up to 3 years

• Fine

• Compensation to victim (under Section 357 CrPC)

If acquitted:

• Case dismissed

• Accused free

Bail in 498A Cases:

Accused applies for bail:

Court considers:

• Seriousness of allegations

• Evidence strength

• Risk of threatening victim/witnesses

• Previous record

• Possibility of settlement

Bail conditions:

• Don't contact victim/witnesses

• Appear for all hearings

• Surrender passport

• Regular police station reporting

Bail doesn't mean case over – Trial continues

Protection Orders:

You can also seek:

1. Protection Order (under Domestic Violence Act)

• Prevents accused from contacting you

• Can't enter your residence

• Maintain distance

2. Residence Order

• Right to live in matrimonial home

• Husband can't evict you

3. Monetary Relief

• Maintenance

• Compensation

• Medical expenses

File separately under Domestic Violence Act

Maintenance During Case:

You're entitled to maintenance:

Under Section 125 CrPC:

• Husband must pay monthly maintenance

• Even if 498A case pending

• Apply in Magistrate court

• Amount: Based on husband's income

Typically: ₹5,000-₹25,000/month

Divorce Connection:

498A and divorce:

You can file:

• 498A FIR (criminal case)

• Divorce petition (civil case)

• Both simultaneously

498A as ground for divorce:

• Cruelty is divorce ground

• 498A conviction strengthens divorce case

• Can get divorce + maintenance

False 498A Cases – The Other Side:

Misuse concerns:

Some cases are false:

• Filed to harass husband/in-laws

• Pressure tactic for money

• Divorce bargaining tool

• Family dispute escalation

Supreme Court concerned:

• Called 498A "legal terrorism" (in some judgments)

• Directed police to verify before arrest (2018 guidelines)

• Arrest shouldn't be automatic

Consequences of false case:

• Can backfire

• Perjury charges (if proved false)

• Lose credibility

• Difficult divorce settlement

But genuine cases far outnumber false ones!

Settlement/Compromise:

Can 498A be settled?

Legally:

• It's non-compoundable

• Can't be withdrawn without court permission

Practically:

• Many cases settled through mediation

• Court may permit if satisfied

• Usually involves:

  • Divorce by mutual consent

  • Alimony payment

  • Return of stridhan (woman's property)

  • Withdrawal of 498A

Supreme Court: Permits quashing of 498A if parties reconcile/settle

Related Laws (File Together):

If applicable, also file under:

1. Dowry Prohibition Act, 1961:

• Demanding/taking dowry

• 5 years jail + ₹15,000 fine

2. Domestic Violence Act, 2005:

• Protection order

• Residence rights

• Monetary relief

• Faster process (not criminal)

3. Section 304B BNS (Dowry Death):

• If woman dies within 7 years of marriage

• Death related to dowry harassment

• Punishment: 7 years to life

4. Section 113B Evidence Act:

• Presumption of dowry death

• If woman commits suicide within 7 years of marriage

• Husband shown to have harassed

What is Stridhan?

Stridhan = Woman's exclusive property

Includes:

• Gifts received at marriage (from parents, relatives, anyone)

• Jewelry, cash, clothes

• Gifts on birthdays, festivals

• Earned money/property

In-laws cannot:

• Take/keep stridhan

• Refuse to return

You can:

• File police complaint for stridhan recovery

• File civil suit

• Include in 498A complaint

Support Services:

Helplines:

Women's Helpline: 181 (24x7, toll-free)

• Immediate assistance

• Connect to police

• Counseling

• Shelter information

National Commission for Women: 7827-170-170

State-specific helplines: Check your state

Women's Cells:

• At every police station

• Female officers

• Sensitive handling

Legal Aid:

• Free legal help (if can't afford lawyer)

• At court premises

Shelters:

• Short Stay Homes

• Swadhar Greh

• Safe houses

Do You Need Lawyer?

For 498A:

Police complaint: Can file yourself

Court proceedings: Lawyer strongly recommended

• Public prosecutor represents state

• But your own lawyer advisable

• Ensures your interests protected

• Helps with documentation

Cost: ₹10,000-₹1,00,000 (varies by city and complexity)

Legal aid available if you can't afford

Tips for Strong Case:

✓ Act early – Don't delay filing✓ Evidence is key – Document everything✓ Medical certificate crucial for physical abuse✓ Name all guilty persons – Don't spare anyone involved✓ Be truthful – False allegations backfire✓ Stay safe – Don't return to abusive home✓ Follow up – Keep in touch with police✓ Counseling – Seek mental health support✓ Support system – Stay with supportive family/friends✓ Know your rights – You're entitled to maintenance, property

What NOT to Do:

❌ Don't file false case – Serious consequences❌ Don't exaggerate – Stick to truth❌ Don't involve innocent people – Name only guilty❌ Don't delay medical exam❌ Don't delete evidence (messages, recordings)❌ Don't go back to abusive home (unsafe)❌ Don't be pressured into settlement you don't want❌ Don't suffer silently – Speak up

Real Cases:

Case 1: Sunita married in 2019. In-laws demanded ₹20 lakh, car. Harassed daily. Beaten by mother-in-law. She documented injuries, recorded conversations, took witness statements. Filed 498A + DV Act. Police arrested husband and in-laws. They got bail but case strong. After 1 year, they agreed to settlement: divorce + ₹15 lakh + return of stridhan (worth ₹5 lakh). Court permitted.

Case 2: Priya filed 498A alleging cruelty. During investigation, police found allegations vague, no evidence, no witnesses. Husband proved Priya filed to pressure him. Case dismissed after trial. Priya faced social stigma.

Case 3: Anjali's husband and in-laws tortured her for 5 years. She didn't complain initially, hoping things would improve. Finally filed 498A. But lack of fresh evidence (medical records, complaints) made case weak. Accused got bail easily. Trial going on but outcome uncertain. Lesson: Don't delay!

After 498A – What Happens to Marriage?

Practically:

• Marriage relationship breaks down

• Living together nearly impossible

• Most cases end in divorce

Options:

• Reconciliation: If parties willing (rare)

• Divorce: By mutual consent (with settlement) or contested

• Separation: Legal separation

Statistics:

498A Cases (Approximate):

• 1-1.5 lakh cases filed annually

• Conviction rate: 15-20% (low, but improving)

• Many cases result in settlement/compromise

• Pendency: Lakhs of cases pending in courts

Why low conviction?

• Lack of evidence

• Witnesses turn hostile

• Long delays

• Compromises

Recent Developments:

Supreme Court Guidelines (2018):

• District Legal Services Authority to be notified before arrest

• Family Welfare Committee to verify allegations

• Arrest not automatic

• Aimed at preventing misuse

Effect:

• Arrests have reduced

• But genuine cases still get justice

• Police more careful in investigation

Conclusion:

Section 498A is a powerful law protecting married women from cruelty. While misuse concerns exist, it remains essential protection for genuine victims of domestic violence and dowry harassment.

If you're suffering:

• Document evidence

• File complaint

• Seek legal help

• Don't suffer silently

If you're falsely accused:

• Cooperate with investigation

• Hire good lawyer

• Present truth with evidence

• Apply for anticipatory bail

Remember: Law is for justice, not revenge.

Facing domestic violence? Call 181 now. Your safety and dignity matter!