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

Indian Penal Code, 1860

Section 498A IPC at a Glance

Section 498A IPC deals with husband or relative of husband of a woman subjecting her to cruelty. It is non-bailable, triable by Magistrate of the first class; from 1 July 2024 it is replaced by Section 85 BNS.

Punishment

Imprisonment for up to three years.

Non-Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
BNS Equivalent

Section 85 →

Section 498A IPC Bare Act Text

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.

Source: Section 498A, Indian Penal Code, 1860

Section 498A IPC in Simple Words

Section 498A of the Indian Penal Code (IPC) punishes the husband of a woman, or a relative of her husband, who subjects her to cruelty. Cruelty means wilful conduct likely to drive her to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical.

It also means harassment of the woman to coerce her or any person related to her to meet an unlawful demand for property or valuable security, or on account of failure to meet such demand. The punishment is imprisonment for a term which may extend to three years, and the offender is also liable to fine.

Ingredients of Section 498A IPC

  • The accused is the husband of the woman, or a relative of her husband
  • The accused subjects such woman to cruelty
  • 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
  • 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

Punishment Under Section 498A IPC

Imprisonment

Imprisonment for up to three years.

Fine

The offender is also liable to fine. The section prescribes no limit.

Non-Bailable ⓘCognizance depends on the case ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

The First Schedule prints "Non-bailable" for this section absolutely, but makes it cognizable only where the information is given by the person aggrieved, by a person related to her by blood, marriage or adoption, or, if there is no such relative, by a public servant of a class or category the State Government notifies.

  • Cognizable: Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf

A husband, or a relative of the husband, who subjects a woman to cruelty is punishable with imprisonment for up to three years, and is also liable to fine. It is non-bailable. It is cognizable only where the information is given by the woman, her specified relative, or a notified public servant.

Example of Section 498A IPC

In 2021 in Madurai, Meena lived with her husband Suresh and his brother Dinesh. Suresh and Dinesh demanded that Meena's uncle transfer a plot of land to them. When her uncle refused that unlawful demand for property, Suresh and Dinesh repeatedly harassed Meena and locked her in a room without food to coerce her uncle to transfer the land and because of his failure to meet their demand. Their wilful conduct also caused grave danger to her physical and mental health. Suresh and Dinesh are punishable under Section 498A IPC.

When Section 498A IPC Does Not Apply

  • The person accused of mistreating the woman is neither her husband nor a relative of her husband.
  • The woman was not subjected to any conduct meeting the statutory definition of cruelty.
  • The conduct was not wilful behaviour likely to drive the woman to suicide or to cause grave injury or danger to her life, limb, or physical or mental health.
  • The harassment was neither aimed at coercing the woman or her relatives to fulfill an unlawful demand for property or valuable security nor caused by a failure to fulfill such a demand.

Section 498A IPC in the BNS

Section 498A IPC is now covered under Section 85 BNS.

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.

View detailed comparison (IPC 498A vs BNS 85) →

FAQs on Section 498A IPC

What does Section 498A IPC punish?▼

It punishes whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty.

What is the punishment under Section 498A IPC?▼

The court may award imprisonment for a term which may extend to three years, and the offender is also liable to fine.

What does cruelty mean under Section 498A IPC?▼

Cruelty means any 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, of the woman. It also means harassment of the woman with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security, or on account of failure by her or any person related to her to meet such demand.

Who can be prosecuted under Section 498A IPC?▼

Only the husband of the woman or any person who is a relative of the husband.

Is Section 498A IPC cognizable?▼

It is cognizable only if information is given to the police by the aggrieved woman, by a person related to her by blood, marriage or adoption, or by a notified public servant if there is no such relative. Otherwise the police cannot investigate without an order of a Magistrate under Section 155(2) CrPC.

Is Section 498A IPC bailable?▼

No. The First Schedule to the CrPC classifies Section 498A IPC as non-bailable, triable by a Magistrate of the first class.

Can an offence under Section 498A IPC be compounded?▼

No. Section 498A IPC is not listed in Section 320 CrPC, so it cannot be compounded under central law.

Where is Section 498A IPC placed in the Bharatiya Nyaya Sanhita?▼

The offence is placed in Section 85 BNS, and the statutory definition of cruelty is enacted in Section 86 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·