False Dowry Case Under Section 85 BNS (Old 498A)? Your Legal Options

Matrimonial disputes often turn into criminal cases against the husband and his whole family. Many of these complaints are genuine, and the law rightly protects women from cruelty. But courts have also repeatedly said the provision is sometimes misused. If you have been named, here is what the law provides.

What does Section 85 BNS say?

Section 85 BNS punishes a husband, or a relative of the husband, who subjects a woman to cruelty. The punishment is imprisonment up to 3 years and fine. Section 86 defines cruelty in two ways:

• Wilful conduct likely to drive her to suicide or cause grave injury to her life, limb or health (mental or physical)
• Harassment to coerce her or her family to meet an unlawful demand for property or valuable security, such as dowry

It is cognizable and non-bailable, as Section 498A was.

Can the police arrest you immediately?

Not automatically. In Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, the Supreme Court directed police not to arrest mechanically in Section 498A cases. For offences punishable up to 7 years, police must first record reasons and usually issue a notice to appear. That notice is now under Section 35(3) BNSS (old Section 41A CrPC). If you comply with the notice, arrest is ordinarily not needed.

What is the two-month cooling period?

In 2022, the Allahabad High Court (Mukesh Bansal v. State of U.P.) laid down that no arrest or coercive action be taken for two months after an FIR or complaint under Section 498A, and that the matter be sent to a Family Welfare Committee in each district. In July 2025, in Shivangi Bansal v. Sahib Bansal, the Supreme Court endorsed these guidelines and directed that they be followed. This is especially relevant in Ghaziabad and Noida, which fall under the Allahabad High Court.

When can a dowry case be quashed?

The High Court can quash an FIR under Section 528 BNSS (old Section 482 CrPC) where:

• The allegations, even if taken as true, do not disclose an offence
• Relatives are named with general and omnibus allegations and no specific act is described (Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599)
• The parties have settled and continuing the case would be pointless (Gian Singh v. State of Punjab, (2012) 10 SCC 303)

What should you do right away?

1. Keep a copy of the FIR or complaint and note the police station and sections
2. Preserve evidence: chats, emails, bank transfers, photographs, and any earlier settlement talks
3. Respond to every police notice and attend on the date given
4. Consider anticipatory bail if you fear arrest
5. Explore mediation. Many matrimonial cases end in mutual consent divorce with a global settlement

Does a criminal case stop maintenance or custody proceedings?

No. Criminal, maintenance, domestic violence and custody cases run separately. Each needs its own strategy. See our divorce lawyer in Noida page for how these cases fit together.

Sources

• Bharatiya Nyaya Sanhita, 2023 — Sections 85 and 86; Bharatiya Nagarik Suraksha Sanhita, 2023 — Sections 35 and 528
• Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
• Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599
• Gian Singh v. State of Punjab, (2012) 10 SCC 303
• Mukesh Bansal v. State of U.P., Allahabad High Court (2022); Shivangi Bansal v. Sahib Bansal, Supreme Court (22 July 2025)

This article is general legal information, not legal advice for your specific case. Law and procedure change; please consult an advocate before acting.