Section 498A Cruelty — What Women in Ghaziabad Should Know

What Section 498A IPC Says

Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita, 2023, effective 1 July 2024) makes it an offence for a husband or his relative to cruelly or inhumanly treat a married woman. The section covers:

• Cruelty, whether physical or mental
• Conduct calculated to drive the woman to commit suicide or to cause grave injury to her body, mind, or prospects

The offence is cognisable but triable only by a Second Class Magistrate unless re-designated by the Sessions Court. It is a non-bailable offence in the plain reading, though courts frequently grant anticipatory or regular bail in first appearances.

What Counts as “Cruelty” Under the Section

• Demanding excessive dowry and punishing refusal
• Forcing the woman to return to her parental home (“bhrikshu” or “jhouta” cases)
• Abuse, isolation, refusal to provide food or medical care
• Threatening harm to children or family members to coerce the woman
• Harassment to induce the woman to convert her religion or marry another

Procedure After a 498A Complaint Is Filed in Ghaziabad

1. Police lodge an FIR (often after a complaint is made at the police station; if police refuse, a written complaint to the Superintendent of Police Ghaziabad can be filed).
2. Investigation — the FIR is registered under Sections 85 BNS (498A IPC) read with Sections 307/306 BNS (attempted suicide) if applicable. The investigating officer prepares a charge-sheet.
3. Framing of charges before the Magistrate; the accused has the right to examine the complainant and documents before charges are framed.
4. Arrest or anticipatory bail — arrest is at the discretion of the police; anticipatory bail can be sought under Section 482 BNSS before or at the point of arrest.
5. Trial and sentence — conviction under 498A IPC/85 BNS carries imprisonment up to 3 years and fine.

Common Misconceptions

• Mutual consent divorce does not automatically quash a 498A case. A separate application to the Sessions Court or High Court is required. The Supreme Court has repeatedly held that mutual divorce is not a ground for quashing a criminal complaint.
• Reconciliation is not the same as quashing. A settlement or reconciliation report does not by itself extinguish the criminal case; only the court can order quashing under Section 483 BNSS (Section 482 CrPC equivalent).
• Section 112 Evidence Act presumption — children born during marriage are presumed legitimate; a 498A complaint by an in-law can be a precursor to a custody dispute.

If You Are the Complainant: What to Expect

• First appearance: the police record your statement; an inquest (Section 174/176 BNSS equivalent) may be directed by the Magistrate
• Medical examination of injuries should be requested immediately — the 58/59 form (injury report) is critical evidence
• Interim maintenance under Section 125 BNSS (Section 125 CrPC) can be claimed simultaneously
• Residence order under the DV Act runs in parallel and is enforceable by the Magistrate