Section 498A IPC (Now BNS Section 85): The Complete Guide for Both Sides

There is no section of Indian law that generates more fear, confusion, and misinformation than Section 498A of the IPC — now renumbered as Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023.

If you are a woman experiencing cruelty or dowry harassment by your husband or in-laws, this law exists precisely for you. It is one of the strongest protections in Indian criminal law, and you have every right to use it.

If you or a family member have been named in a 498A FIR and the allegations are false, you are not without recourse. Indian courts — including the Supreme Court repeatedly in 2025 — have recognised the misuse of this section and built powerful legal safeguards. You have options.

This guide is written for both sides. It explains the law, the process, the 2025 changes that matter enormously, and exactly what to do — depending on your situation.

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Quick Answer (TL;DR)

• What it covers: Cruelty — physical or mental — by husband or his relatives, including dowry-related harassment
• Punishment: Up to 3 years imprisonment + fine; cognizable and non-bailable
• New name (2023): Section 85 BNS — identical text to old 498A IPC; all prior case law applies
• 2025 major change: Supreme Court mandated mandatory Family Welfare Committee (FWC) screening + 2-month no-arrest window before any arrest
• For victims: FIR at police station + Domestic Violence Act complaint = strongest dual route
• For falsely accused: Anticipatory bail immediately + Arnesh Kumar guidelines + FIR quashing petition in High Court
• Key reality: Conviction rate is low; cases are long; both genuine and false cases cause immense damage. Know the law before acting.

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Table of Contents

1. What Does Section 498A / BNS 85 Actually Say?
2. What Counts as "Cruelty" Under the Law?
3. Who Can Be Named? Who Cannot?
4. The 2025 Supreme Court Changes — What Every Family Must Know
5. For Victims: How to File a 498A Case Step by Step
6. For Victims: What Happens After You File?
7. For the Accused: Your Rights and Immediate Steps
8. Anticipatory Bail — What It Is and How to Get It
9. FIR Quashing — When and How Courts Cancel 498A FIRs
10. The Arnesh Kumar Guidelines — Why Police Cannot Arrest Automatically
11. False 498A Cases — Legal Remedies for the Wrongly Accused
12. Section 498A vs. Domestic Violence Act — Which is Stronger?
13. Can a 498A Case Be Withdrawn or Settled?
14. FAQs

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What Does Section 498A / BNS 85 Actually Say?

The original text of Section 498A IPC (now Section 85 BNS, 2023) reads:

"Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

Key legal characteristics:

• Cognizable: Police can register an FIR and arrest without a warrant
• Non-bailable: Regular bail is not automatic; the accused must apply for bail before a court
• Non-compoundable: Once an FIR is registered, the complainant cannot simply withdraw it. Only the court — with the State's consent — can compound (settle) the offence in exceptional circumstances
• Limitation period: Normally 3 years from the date of the offence (though courts have allowed later complaints in ongoing cruelty cases)

The BNS 2023 renumbered the provision to Section 85 but kept the text and punishment identical. All Supreme Court judgments, High Court rulings, and legal precedents under Section 498A IPC continue to apply fully to Section 85 BNS cases.

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What Counts as "Cruelty" Under the Law?

The Act defines "cruelty" broadly across two categories:

Category 1: Physical or Mental Harm

Any willful conduct that:

• Is likely to drive the woman to commit suicide, or
• Is likely to cause grave injury or danger to her life, limb, or health — whether physical or mental

This covers: physical beatings, verbal abuse so severe it endangers mental health, persistent psychological torture, threats of harm to the woman or her children, isolation, deprivation of necessities, and any pattern of behavior that poses a real risk to her life or wellbeing.

Category 2: Harassment for Dowry

Any harassment of the woman — or her relatives — with the purpose of:

• Coercing her or her relatives to meet unlawful demands for property or valuable security, or
• Punishing her or her relatives for failure to meet such demands

This includes: demands for cash, jewellery, property, vehicles; threats if demands are not met; withdrawal of basic necessities to pressure the woman's family; and any emotional or physical coercion tied to dowry demands even after marriage.

What Does NOT Qualify as 498A Cruelty

Courts have consistently held that not every marital dispute or unhappiness triggers 498A:

• Normal marital disagreements, arguments, or differences of opinion
• A husband who is emotionally distant or not affectionate
• In-laws who are strict or interfere in domestic matters without actual harassment
• A single isolated incident of minor misbehaviour (without the pattern or severity the section requires)
• Disputes about lifestyle, parenting choices, or financial management that do not cross into harassment

The Supreme Court has repeatedly said that vague, omnibus allegations naming multiple relatives without specific incidents, dates, and details do not establish a 498A offence. In Ghanshyam Soni v. State (NCT of Delhi) (2025), the Court dismissed an FIR where a wife (herself a police officer) made broad accusations against multiple relatives without any concrete evidence or medical reports.

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Who Can Be Named? Who Cannot?

Who Can Be Named as Accused

The section covers the husband and relatives of the husband. This means:

• The husband himself
• His parents (father-in-law, mother-in-law)
• His siblings (brothers-in-law, sisters-in-law)
• His grandparents, uncles, aunts — if they are co-residents and directly participated

The Problem with Naming Distant Relatives

The Supreme Court has repeatedly condemned the practice of naming every family member in a 498A FIR as a tactical move. In multiple 2025 judgments, the Court held:

"A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud."

In practice: if you name five sisters-in-law who live in different cities, or a tailor, or distant relatives who visited the house once — courts will quash those proceedings. Naming people without specific, credible allegations causes:

1. Immediate quashing petitions that weaken the overall case
2. Judicial skepticism toward the genuine allegations in the same FIR
3. Potential counter-cases for malicious prosecution

For genuine victims: Name only those who actually participated in the cruelty or dowry demands. Specific incidents with dates and specific persons are far stronger than a list of names.

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The 2025 Supreme Court Changes — What Every Family Must Know

This is the most important section of this guide. The legal landscape for 498A changed fundamentally in 2025.

The Shivangi Bansal Judgment — Mandatory FWC Screening

In Shivangi Bansal v. Sahib Bansal (2025), the Supreme Court exercised its powers under Article 142 to issue binding procedural safeguards for all Section 498A cases across India:

1. Mandatory Family Welfare Committee (FWC) Screening

Every 498A FIR must now be referred to a Family Welfare Committee before any arrest is made (except cases involving serious offences like dowry death or grievous hurt). The FWC is composed of three neutral members — typically retired government officers, social workers, or mediators.

2. Two-Month No-Arrest Window

After an FIR is registered and referred to the FWC, a mandatory two-month cooling-off period begins. During this period, no arrest can be made under 498A. The police can investigate, collect evidence, and record statements — but cannot arrest the accused.

3. Arrest Threshold Rule

For offences punishable with less than seven years' imprisonment (498A carries a maximum of 3 years), no automatic arrest is allowed. The police must satisfy the Magistrate that arrest is necessary, and the Magistrate must apply his mind before approving arrest.

4. FWC Report Before Arrest

The police must wait for the FWC's report before proceeding to arrest. The FWC submits its findings on whether the case merits criminal prosecution or could be resolved through mediation.

What This Means in Practice

For genuine victims: The FWC process does not bar your case from proceeding. A genuine case with specific evidence — medical reports, WhatsApp messages documenting harassment, witnesses, financial records of dowry demands — will sail through FWC review and result in prosecution. The 2-month delay is frustrating, but your case is protected.

For the falsely accused: The FWC period is your breathing room. Use those two months productively: gather evidence of the false allegations, collect counter-evidence, document the complainant's motive (pending divorce proceedings, property disputes), and work with your advocate on an anticipatory bail application and potentially an FIR quashing petition.

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For Victims: How to File a 498A Case Step by Step

Before Filing — What to Document

Strong documentation dramatically improves your case. Gather everything before approaching the police:

Medical evidence:

• Hospital records, doctor's certificates, X-rays documenting injuries from physical abuse
• Psychiatrist or counsellor reports if you have sought mental health support for the abuse
• Photographs of injuries taken immediately after incidents (with dates)

Financial evidence (for dowry harassment):

• WhatsApp, SMS, or email messages where dowry was demanded
• Bank transfers from your family to your husband's family
• Receipts, photos of jewellery or items given as dowry
• Audio recordings of conversations where demands were made (legally permissible if you are a party to the conversation)

Communication records:

• Screenshot every relevant WhatsApp conversation with your husband, in-laws, or their representatives
• Keep call logs showing frequency of harassment-related calls
• Save any emails or written communications

Witness information:

• Neighbours who witnessed incidents or heard arguments
• Domestic help who saw the abuse
• Friends or family members you confided in contemporaneously (a message saying "he hit me today" sent to your mother on the day of an incident is powerful evidence)
• Society watchmen, building residents, anyone who can attest to incidents they observed

Step 1: File the FIR at the Police Station

Go to the police station in the jurisdiction where the cruelty occurred (the marital home, or where the most recent incident took place). You can also file a Zero FIR at any police station if you are not at the place of occurrence — it will be transferred to the appropriate station.

Under Section 154 BNSS (previously 154 CrPC), the police are legally obligated to register an FIR if you are reporting a cognizable offence. They cannot refuse. If they do:

• Ask to speak with the Station House Officer (SHO)
• Send a written complaint via registered post to the Superintendent of Police
• File a complaint before the Judicial Magistrate under Section 175(3) BNSS (previously 156(3) CrPC), directing the police to register the FIR

What to include in your FIR:

• Your full details and your husband's full details
• Specific incidents of cruelty with exact or approximate dates, locations, and what happened
• Names of specific family members who participated — with specific incidents for each
• Details of dowry demands — amounts, who demanded, when, consequences when not met
• Details of injuries sustained (reference medical records)
• Witnesses to specific incidents

Step 2: File a Domestic Violence Act Complaint Simultaneously

This is critical — and covered in detail in the section below. The DV Act and 498A together give you maximum legal protection.

Step 3: Apply for Protection Order

Under the Domestic Violence Act, you can simultaneously apply to the Magistrate for:

• A Protection Order preventing the accused from contacting, threatening, or approaching you
• A Residence Order ensuring you are not thrown out of your home
• Monetary Relief for medical expenses, loss of earnings, and maintenance
• Custody Orders for your children if applicable

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For Victims: What Happens After You File?

The FWC Process (2025 Onwards)

After you file, the police will register the FIR and refer it to the Family Welfare Committee. The FWC will:

1. Contact both parties
2. Examine the allegations and evidence
3. Attempt mediation if appropriate (you can refuse mediation and insist on criminal prosecution — you are not obligated to settle)
4. Submit a report to the police within 2 months

If you have strong evidence of genuine cruelty, the FWC will support criminal prosecution in its report. Do not let the 2-month period cause you to doubt your case.

Investigation Period

After the FWC period, police will proceed with:

• Recording your detailed statement (Section 183 BNSS)
• Recording statements from your witnesses
• Collecting documentary evidence
• Examining the accused

The accused will be arrested only if the 2025 arrest threshold criteria are met, or if they fail to appear for questioning.

Charge Sheet

After completing investigation (typically 60–90 days), police file a charge sheet (also called a challan) in court listing the charges and evidence. This begins the formal trial.

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For the Accused: Your Rights and Immediate Steps

If you or a family member have been named in a 498A FIR, act within 24–48 hours. Do not wait.

Immediate Priority List

1. Do not make any statement to police without a lawyer present. Anything you say voluntarily can be used against you. You have the right to remain silent until you have legal advice.

2. Hire a criminal lawyer immediately. Not a general practice advocate — someone who handles matrimonial and criminal cases and specifically knows the 498A jurisprudence in your state's High Court.

3. Apply for Anticipatory Bail immediately (see next section).

4. Do NOT contact the complainant. Any contact — even a well-meaning phone call or WhatsApp message — can be presented as intimidation or evidence of continued harassment. All communication must go through lawyers.

5. Preserve all evidence. Do NOT delete any messages, call records, photos, or documents. Your lawyer will advise you what is relevant. Even messages that seem irrelevant now may become crucial later.

6. Identify your witnesses now. Friends who can attest to the complainant's behaviour, neighbours who know the situation, relatives with knowledge — identify them and preserve their contact details and a record of what they know.

7. Document the complainant's possible motive. Pending divorce proceedings? Property dispute? A new relationship? Financial demands prior to the FIR? Any of these create a documented motive for a false case.

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Anticipatory Bail — What It Is and How to Get It

Anticipatory bail (Section 482 BNSS, previously Section 438 CrPC) is your most powerful immediate tool. It is a pre-arrest bail — a court order directing that if you are arrested, you shall be released on bail immediately.

Given the 2025 FWC safeguards and the 2-month no-arrest window, the urgency is somewhat reduced compared to pre-2025 cases. But applying for anticipatory bail remains strongly advisable because:

• The 2-month window can expire; having anticipatory bail in place protects you after that
• The court's consideration of your anticipatory bail petition gives you an early opportunity to present your side of the case
• It signals to the police and complainant that you are engaging the legal system confidently

How to Apply for Anticipatory Bail

Step 1: Your advocate files an anticipatory bail application before the Sessions Court (District and Sessions Judge). This application must include:

• Your details and the FIR details
• Why you apprehend arrest
• Your case for bail (why you are unlikely to flee, tamper with evidence, or intimidate witnesses)
• Evidence suggesting the allegations may be false or exaggerated

Step 2: The Sessions Court schedules a hearing, typically within 2–3 days of filing for urgent matters. Both you and the prosecution argue your respective positions.

Step 3: If the Sessions Court rejects your application, you can immediately approach the High Court for anticipatory bail. High Court orders on 498A anticipatory bail are binding on the police.

What courts consider when granting anticipatory bail:

• The gravity and specificity of the allegations
• Your ties to the community (stable residence, employment, family)
• Whether you are a flight risk or likely to tamper with evidence
• Whether the FIR appears to be filed as part of a matrimonial dispute rather than genuine cruelty
• Whether the FWC process is still ongoing

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FIR Quashing — When and How Courts Cancel 498A FIRs

If an FIR is registered against you and you believe it is false, malicious, or legally untenable, you can file a quashing petition before the High Court under Section 528 BNSS (previously Section 482 CrPC).

Grounds on Which Courts Quash 498A FIRs

Courts have quashed 498A FIRs on these grounds (with 2025 examples):

1. Vague and omnibus allegations

In Ghanshyam Soni v. State (NCT of Delhi) (2025), the Supreme Court dismissed an FIR with only broad accusations and no specific evidence. If the FIR contains general allegations like "my in-laws tortured me" without specific incidents, dates, or acts — it is vulnerable to quashing.

2. FIR filed after an inordinate delay without explanation

In Sushila v. State of U.P. (2025), the Supreme Court quashed proceedings where the complaint was filed three years after an ex parte divorce, based on a single incident post-divorce, and focused mainly on the husband with no specific allegations against relatives.

3. FIR clearly filed for leverage in divorce/property proceedings

Where the complainant filed the FIR immediately after matrimonial proceedings were initiated or after a property dispute arose — and the timing is suspicious — courts take a hard look at the motive.

4. Allegations that do not disclose a cognizable offence

If, even taking the FIR's allegations at face value, no cognizable offence under 498A is made out — the FIR can be quashed.

5. Settlement between parties

While 498A is non-compoundable, the Supreme Court has in multiple cases exercised its Article 142 powers to quash proceedings where the parties have genuinely settled their dispute and the wife has no objection to quashing.

The Quashing Process

Step 1: Your advocate files a quashing petition in the High Court of your state (the court having jurisdiction over the police station where the FIR was registered).

Step 2: The High Court may issue a stay of arrest during the pendency of the petition — giving you protection from arrest while the quashing petition is being heard.

Step 3: The State (prosecution) and the complainant will file responses.

Step 4: The High Court hears the matter and either quashes the FIR, sends it back for fresh investigation, or dismisses the petition.

Timeline: High Court quashing petitions typically take 6–18 months. Urgent matters can be listed faster with an application for interim relief.

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The Arnesh Kumar Guidelines — Why Police Cannot Arrest Automatically

The landmark judgment in Arnesh Kumar v. State of Bihar (2014) is your first line of defence as an accused person. The Supreme Court in that case — confirmed and strengthened by the 2025 Shivangi Bansal directions — held:

1. Police cannot arrest automatically under 498A without independently satisfying themselves that arrest is necessary
2. Before arresting, the police officer must record in writing the reasons why arrest is necessary, applying the criteria under Section 41 CrPC (now Section 35 BNSS)
3. The Magistrate must apply their mind before authorising continued detention — they cannot mechanically remand
4. For offences with maximum punishment of 7 years or less (498A is 3 years), police should normally issue a notice to appear under Section 35 BNSS instead of arresting

Practically: If police arrest you or a family member in a 498A case without following these guidelines, the arrest itself can be challenged as illegal. Your advocate should immediately file a habeas corpus petition or bail application citing the violation of Arnesh Kumar and the 2025 safeguards.

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False 498A Cases — Legal Remedies for the Wrongly Accused

If you are acquitted or the case is withdrawn/quashed, and you have evidence that the FIR was filed maliciously, you have the following legal remedies:

1. Counter-FIR Under Section 182 BNSS (Filing False Information)

Section 182 BNSS (previously Section 182 IPC) makes it a criminal offence to give false information to a public servant. If you have evidence that the complainant knowingly made false statements in the FIR, file a counter-FIR at the police station.

Evidence needed: Documents, messages, or witnesses showing specific facts in the FIR were false, plus evidence that the complainant knew they were false.

2. Complaint Under Section 211 BNSS (False Charge to Injure)

Section 211 BNSS criminalises instituting or causing to be instituted a false criminal proceeding with intent to injure. This is stronger than Section 182 — it requires showing intent to harm, not just a false statement.

3. Defamation Suit (Civil + Criminal)

If the false allegations have caused reputational damage — to your career, your social standing, your family — you can file:

• A criminal defamation complaint under Section 356 BNS (previously Section 499/500 IPC)
• A civil suit for damages for malicious prosecution — claiming compensation for legal costs, loss of income, and emotional distress

4. Malicious Prosecution Civil Suit

After acquittal or quashing, you can file a civil suit claiming damages for:

• Legal fees and court expenses incurred
• Income lost during the criminal proceedings
• Mental anguish and reputational damage
• Cost of the anticipatory bail and related proceedings

5. Complaint to State Bar Council (If Advocate Aided the False Case)

If an advocate knowingly drafted a false FIR complaint, they can be reported to the State Bar Council for professional misconduct.

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Section 498A vs. Domestic Violence Act — Which is Stronger?

These are two separate laws designed for different purposes. For a genuine victim of cruelty, using both together is the strongest approach.

	Section 498A / BNS 85	Domestic Violence Act 2005
Nature	Criminal complaint	Civil + criminal protection
Relief	Imprisonment of accused	Protection orders, residence rights, monetary relief, custody
Process	FIR → Police investigation → Trial	Complaint to Magistrate → Protection Officer report → Court order
Speed	Slower (criminal trial)	Faster (DV Act cases disposed in 60–120 days)
Evidence standard	Beyond reasonable doubt (criminal)	Balance of probabilities (civil standard — easier)
Withdrawal	Non-compoundable — very hard to withdraw	Can be withdrawn by agreement
Who it protects	Married women specifically	Women in any domestic relationship including live-in
What it gives you	Criminal record for accused	Immediate practical relief — home, money, protection
Best for	Serious, documented cruelty with evidence	Immediate safety, shelter, and financial support

The strategic recommendation for genuine victims: File both simultaneously. The DV Act gives you immediate practical relief — a protection order preventing further abuse, the right to stay in your home, emergency monetary relief. The 498A/BNS 85 complaint provides the long-term criminal accountability framework.

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Can a 498A Case Be Withdrawn or Settled?

This is one of the most misunderstood aspects of 498A.

The Official Position

Section 498A is non-compoundable under the CrPC/BNSS — meaning once an FIR is registered, the complainant cannot unilaterally withdraw it. The State (prosecution) becomes the nominal complainant in a criminal case, and the case proceeds even if the victim changes her mind.

The Practical Reality

Despite the non-compoundable status, cases are regularly settled through two routes:

Route 1: Application for Quashing Based on Settlement

Where both parties have genuinely reconciled or reached a settlement, and the wife has no objection, the couple can jointly approach the High Court seeking quashing of the FIR under Section 528 BNSS. The Supreme Court, in multiple cases including those involving genuine reconciliations, has quashed 498A proceedings using its Article 142 powers when satisfied that both parties have settled and no purpose is served by continuing the prosecution.

Route 2: Compounding With Court Permission

Some High Courts have allowed compounding of 498A offences in exceptional circumstances where the couple has reconciled and the interests of justice favour it, even though the statute technically prohibits compounding without court permission.

Important warning: Do not enter into any "private settlement" outside of court to get the FIR "withdrawn." A private settlement cannot legally withdraw a criminal case, and you may end up paying money without actually closing the case.

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Frequently Asked Questions

Q: Can 498A be filed after divorce? Is there a time limit?

Generally, 498A must be filed within 3 years of the cruelty occurring (the limitation period). However, where cruelty was ongoing throughout the marriage, courts have sometimes allowed later complaints. Filing a 498A after an ex parte divorce decree was granted — based on old incidents — is viewed with great suspicion by courts, as illustrated by the Sushila v. State of U.P. (2025) Supreme Court ruling that quashed such proceedings.

Q: Can the wife's parents file a 498A complaint?

Yes. Section 498A allows "any person" to file a complaint — the victim does not have to file personally. Parents, siblings, or any person on behalf of the woman can file.

Q: If I'm named in a 498A FIR but I live abroad, what should I do?

Contact a criminal advocate in India immediately. Your passport may be impounded or a lookout notice issued if an arrest warrant is issued. Applying for anticipatory bail even from abroad (through your advocate appearing in court) is advisable. Do not ignore the FIR and assume distance protects you — it can result in an arrest warrant and extradition proceedings.

Q: Can I get bail for a 498A case?

Yes. 498A is non-bailable but not non-bailable meaning bail is impossible — it means you must apply to a court for bail (you cannot get bail at the police station). With the 2025 FWC safeguards and the 2-month no-arrest window, anticipatory bail is easier to obtain than before. Regular bail (after arrest) is also available in most cases, usually with conditions like surrendering the passport and appearing for hearings.

Q: What if the police refuse to register my 498A FIR?

Under Section 154 BNSS, police are legally obligated to register an FIR for a cognizable offence. If refused:

1. Demand to speak with the SHO in writing
2. Send a written complaint via registered post to the Superintendent of Police
3. File a complaint before the Judicial Magistrate under Section 175(3) BNSS — the Magistrate can direct the police to register the FIR
4. File a complaint with the State Police Complaints Authority

Q: What is the conviction rate for 498A cases?

Historically, the conviction rate for 498A has been between 15–25% nationally. This does not mean most cases are false — it reflects the difficulty of proving criminal cases beyond reasonable doubt, the long delays that cause witnesses to become unavailable, and the fact that many cases end in compromise before verdict. Courts have explicitly noted that a low conviction rate alone does not justify diluting the law.

Q: I'm falsely accused and the FWC mediation period has started. Can I refuse to attend the FWC meeting?

You can decline mediation — mediation under the FWC process is not mandatory if you believe it will not be productive or if the FIR is clearly malicious. However, appearing before the FWC and presenting your counter-evidence (showing the allegations are false) is generally strategically advisable, as a positive FWC report can slow down the progression toward arrest and strengthens a subsequent quashing petition.

Q: If I file a counter-case for false 498A, will it affect the original case?

The two cases proceed independently. Filing a counter-case does not automatically result in the original 498A case being dropped. However, if the counter-case establishes malicious intent with strong evidence, it often accelerates quashing proceedings or damages the complainant's credibility in the original case.

Q: What's the difference between anticipatory bail and regular bail?

Anticipatory bail (Section 482 BNSS) is applied for before arrest — it's a pre-emptive protection directing that if you are arrested, you shall be released. Regular bail (Section 483 BNSS) is applied for after arrest, when you are in custody. Anticipatory bail is far preferable — it prevents the social and professional damage of actual arrest and custody.

Q: Can distant relatives (brothers-in-law, sisters-in-law) get the case quashed even if the husband's case continues?

Yes. Courts frequently quash cases against peripheral relatives where there are no specific allegations against them, even while allowing the case against the husband to continue. This is a standard High Court remedy — the quashing is person-specific, not case-wide.

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A Note on Balance

Section 498A exists because dowry-related cruelty and domestic violence are real, widespread, and devastating. Every year, thousands of women use this provision to escape genuine danger and seek justice — and they are right to do so.

Simultaneously, Indian courts — including the Supreme Court in multiple 2025 judgments — have acknowledged that misuse occurs, and they have built procedural safeguards precisely to protect innocent people while preserving the law's protective purpose.

The law does not ask you to choose between protecting genuine victims and protecting the innocently accused. It asks both sides to engage honestly with the legal system — with evidence, with specificity, and without weaponising the process for tactical advantage.

Whether you are a victim seeking justice or a family defending against false allegations, know the law, build your evidence, and use the legal system as it was designed to be used.

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This article provides legal information, not legal advice. Laws referenced are accurate as of May 2025, including the Bharatiya Nyaya Sanhita 2023 (effective July 2024), BNSS 2023, and Supreme Court judgments in Shivangi Bansal v. Sahib Bansal (2025), Ghanshyam Soni v. State (NCT of Delhi) (2025), and Sushila v. State of U.P. (2025). For advice on your specific situation, consult a qualified criminal advocate immediately. In urgent situations (ongoing violence, imminent arrest), call the National Women's Helpline at 181 or contact your nearest legal aid authority.

Sources: Bharatiya Nyaya Sanhita 2023; BNSS 2023; Domestic Violence Act 2005; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273; Shivangi Bansal v. Sahib Bansal (2025) SCC; Ghanshyam Soni v. State NCT Delhi (2025) SCC OnLine SC 1301; Sushila v. State of U.P. (2025) SCC OnLine SC 804