IPC 498A→BNS 85

IPC 498A to BNS 85: Husband or relative of husband of a woman subjecting her to cruelty

Section 498A IPC (1860) replaced by Section 85 BNS (2023)

View IPC Section 498A →View BNS Section 85 →

IPC 498A to BNS 85 at a Glance

Section 498A IPC (Husband or relative of husband of a woman subjecting her to cruelty) is now Section 85 BNS, in force from 1 July 2024. Under the BNS it is non-bailable. What changed is set out below.

What Changed From IPC 498A to BNS 85?

Section 498A IPC corresponds to Section 85 BNS with the same heading, text and punishment. The Explanation defining cruelty is now enacted as Section 86 BNS, preserving both clauses.

IPC 498A vs BNS 85: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section498A85
OffenceHusband or relative of husband of a woman subjecting her to crueltySame
PunishmentImprisonment for up to three years.Same
FineThe offender is also liable to fine. The section prescribes no limit.Same
BailNon-BailableSame
CognizanceNon-CognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 498A and BNS 85: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 498A, IPC 1860

498A. Husband or relative of husband of a woman subjecting her to cruelty.—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. Explanation.—For the purposes of this section, “cruelty” means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
BNS 2023 (in force)

Section 85, BNS 2023

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.

Ingredients: IPC 498A vs BNS 85

Under IPC 498A
  1. The accused is the husband of the woman, or a relative of her husband
  2. The accused subjects such woman to cruelty
  3. The cruelty is wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical
  4. Or the cruelty is harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security, or is on account of failure to meet such demand
Under BNS 85
  1. Status of the accused as the husband or a relative of the husband of the woman
  2. Subjecting the woman to cruelty by such husband or relative
  3. Cruelty consisting of wilful conduct likely to drive her to suicide or cause grave injury or danger to life, limb or health, whether mental or physical
  4. Cruelty consisting of harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security

What IPC 498A to BNS 85 Means for Pending Cases

For Section 498A IPC (now Section 85 BNS): under Section 85 BNS, cruelty by a husband or his relative carries the same punishment as before, while the definition of cruelty is now codified in Section 86 BNS without changing the statutory test.

FAQs: IPC 498A to BNS 85

What changed when Section 498A IPC became Section 85 BNS?▼

Section 498A IPC corresponds to Section 85 BNS for the offence and Section 86 BNS for the definition of cruelty, maintaining the same three-year maximum term and liability to fine.

Where does Section 498A IPC sit in the BNS?▼

In Section 85 BNS, in Chapter V, Of Offences Against Woman and Child.

Does Section 498A IPC or Section 85 BNS apply to an act done before 1 July 2024?▼

Section 498A IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 498A IPC. Section 85 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·