Indian Penal Code, 1860 · Chapter XXA: Of Cruelty by Husband or Relatives of Husband
Section 498A: Husband or relative of husband of a woman subjecting her to cruelty
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
A husband, or a relative of the husband, who subjects a woman to cruelty is punishable with imprisonment for up to three years, and a fine.
- "Cruelty" means wilful conduct likely to drive her to suicide or cause grave injury or danger to her life, limb or health (mental or physical).
- It also means harassing her, or her relatives, to force them to meet an unlawful demand for property or valuable security, or because they failed to meet such a demand.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.]
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Understanding this section
Section 498A punishes a husband or his relative who subjects a woman to cruelty. It was added in 1983 to fight dowry harassment and domestic abuse. Cruelty here is a defined term, narrower than the everyday word, and it has two distinct limbs.
The two kinds of cruelty
- (a) Wilful conduct likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, physical or mental.
- (b) Harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security, or harassment because they failed to meet such a demand.
Who can be accused
Only the husband or a relative of the husband. Courts examine closely whether distant relatives named in a complaint actually took part; general and vague allegations against the whole family are not enough.
Relationship with other offences
Cruelty under section 498A is often charged with dowry death (section 304B) or abetment of suicide (section 306). They are distinct: proving cruelty does not by itself prove that the accused abetted a suicide, and a dowry death requires the cruelty to be connected to a dowry demand and to have occurred soon before death.
Misuse and arrest safeguards
The Supreme Court has upheld the section as valid, holding that possible misuse is no reason to strike it down. At the same time, it has directed that police must not arrest automatically in such cases; they must record reasons under the arrest provisions, and Magistrates must not authorise detention mechanically.
Key Supreme Court rulings
Sushil Kumar Sharma v. Union of India 2005 INSC 299
Section 498A is constitutionally valid; the mere possibility of abuse does not make a provision unconstitutional. Where it is misused, it is for the legislature to respond, and courts must deal with frivolous complaints within the existing framework.
Arnesh Kumar v. State of Bihar 2014 INSC 463
For offences punishable up to seven years, including section 498A, police may not arrest merely because the offence is cognizable and non-bailable; they must record satisfaction on the statutory factors, and Magistrates must not authorise detention casually. Directions were issued to prevent unnecessary arrests.
Ramesh Kumar v. State of Chhattisgarh 2001 INSC 515
A conviction under section 498A does not mean the accused must also be guilty of abetting suicide on the same evidence; the two offences are distinct.
Common mistakes
- Using cruelty in its everyday sense. Only the two defined limbs count.
- Assuming cruelty proves abetment of suicide or dowry death.
- Treating arrest as automatic in section 498A cases.
Read with: Section 304B IPC, Section 306 IPC, Section 85 BNS
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 498A
-
Rousanara Begum v. S.K. Salahuddin @ SK Salauddin & Anr.
Issue arose whether goods given to a daughter at the time of her marriage by her father, or to the bridegroom, can be by application of law, returned to the daughter-appellant given that their marriage had ended in…
-
R. Rajendran v. Kamar Nisha and Others
The High Court directed the appellant to appear before a Hospital for collection of blood samples for DNA profiling. Whether the High Court was justified in directing the appellant to undergo DNA testing.
-
Muskan v. Ishaan Khan (Sataniya) and Others
Whether the High Court was right in quashing the criminal proceedings against the private respondents primarily on the ground that the earlier complaints did not mention the two specific incidents dated 22.07.2021 and…
-
Smt. Bhagwati Devi v. State of Uttarakhand
Issue arose whether the order of conviction u/s.498-A IPC and consequential sentence imposed on the appellant-mother-in-law can be sustained on the basis of the material evidence.
-
Madduri Gangaraju @ Babu Rao v. Madduri Sunanda & Others
Whether the criminal proceedings filed against the appellants in-laws by respondent No.1-wife subsequent to the dissolution of the marriage between her and her husband and also when both the parties had agreed for an…
-
Pradeep Bhardwaj v. Priya
Issue arose as regards the correctness of the judgment passed by the High Court dismissing the matrimonial appeal filed by the appellant-husband refusing to grant divorce to the parties.
-
Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr.
Issue arose whether the cognizance on the complaint u/ss.498A rw s.34 IPC was taken beyond the limitation period as mandated u/s.468 CrPC; and whether the prima facie case u/ss.498A rw s.34 IPC was made out against the…
-
Shaurabh Kumar Tripathi v. Vidhi Rawal
Whether the High Court can invoke its inherent jurisdiction u/s.482, Criminal Procedure Code, 1973 or s.528, Bharatiya Nagarik Suraksha Sanhita, 2023 to quash proceedings initiated u/s.12, Protection of Women from…
-
Rajesh Chaddha v. State of Uttar Pradesh
Whether the High Court while exercising its revisionary jurisdiction erred in upholding the conviction of the appellant under Section 498A, Penal Code, 1860 and Section 4, Dowry Prohibition Act, 1961.
-
Gayatri Balasamy v. M/s ISG Novasoft Technologies Limited
In ‡M. Hakeem and Anr.’s case, this Court held that while exercising powers u/s.34 of the Arbitration and Conciliation Act, 1996, a Court hearing the petition had no power to “modify” the Award, whereas other benches of…
-
Shakuntla Devi v. The State of Uttar Pradesh
Issue arose as to the correctness of the order passed by the High Court wherein the appellant’s conviction u/ss.304B and 498A IPC and ss.3 and 4 of the Dowry Prohibition Act, 1961 was converted into that u/s.306 IPC.
-
Muppidi Lakshmi Narayana Reddy & Ors. v. The State of Andhra Pradesh & Anr.
Issue arose as regards the correctness of the order passed by the High Court dismissing the petition of the appellants u/s.482 CrPC seeking quashing of the proceedings against them.
-
Pramila Devi & Ors. v. The State of Jharkhand & Anr.
The Additional Judicial Commissioner took cognizance against one V and appellants on 13.06.2019 in SC/ST Case No.08/2017. Whether the Additional Judicial Commissioner while taking cognizance has to record detailed…
-
Ramanuj Kumar v. Priyanka
Whether on facts, the marriage between the parties has irretrievably broken down and ought to be dissolved on that ground in exercise of jurisdiction under Article 142 of the Constitution of India.
-
Chellammal and Another v. State Represented by the Inspector of Police
Whether the appellants could be granted the benefit of probation either u/s.360(1) of CrPC or u/s.4 of the Probation of Offenders Act, 1958; whether the High Court was justified in not extending the benefit of probation…
-
Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
-
Kamal & Ors. v. State of Gujarat & Anr.
Appellants sought quashing of FIR in respect of offences u/ss.498-A and s.114 of IPC u/s.482 of CrPC. By the impugned order dated 01.02.2024, the High Court dismissed the petition.
-
Sushila & Ors. v. State of U.P. & Ors.
Whether High Court correctly disposed of the prayer for quashing of the summoning order issued by the Trial Court in Complaint Case u/ss.498A, 323, 504, 506 of the Penal Code, 1860 and s.4 of the Dowry Prohibition Act,…
-
Janshruti (People’s Voice) v. Union of India & Ors.
Directions sought for the formulation of gender-neutral guidelines and legislation governing the filing of domestic violence and harassment complaints. Also, sought declaration regarding the constitutionality of s.498A…
-
Shabeen Ahmad v. The State of Uttar Pradesh & Anr.
Matter pertains to the correctness of the order passed by the High Court granting bail to in-laws of the deceased wife, charged for causing dowry death of the deceased.
-
Suman Mishra & Ors. v. The State of Uttar Pradesh & Anr.
Whether the High Court erred in finding that there were specific allegations in the FIR and Chargesheet even after dropping the charge of Section 376, IPC in order to maintain the criminal proceedings against the…
-
Om Prakash Gupta Alias Lalloowa (Now Deceased) & Ors. v. Satish Chandra (Now Deceased)
The issues before the Hon’ble Court were as to whether the High Court was justified in dismissing the application for condonation of delay in filing the application for substitution and could the second appeal be…
-
Geddam Jhansi & Anr. v. The State of Telangana & Ors.
Whether the criminal proceedings against the appellant(s) under Sections 498A, 506, Penal Code, 1860 and Sections 3 and 4, Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005 ought to be…
-
Ashutosh Pathak v. The State of Uttar Pradesh & Anr.
The grievance of the petitioner in the instant case is two-fold. Firstly, the in-part acceptance of his application u/s.311 of the CrPC and consequent non-summoning of witness-K. Secondly, closure of the opportunity to…
-
Karan Singh v. State of Haryana
The Trial Court convicted the appellant for the offences punishable u/ss.304-B and 498-A of IPC; By the impugned judgment, the High Court has confirmed the conviction and sentence.
-
Smt. N. Usha Rani and Anr. v. Moodudula Srinivas
Whether a woman is entitled to claim maintenance under Section 125 CrPC from her second husband while her first marriage is allegedly legally subsisting.
-
M. Venkateswaran v. The State rep. by the Inspector of Police
Matter pertains to the modification of sentence imposed for offence u/s.498A IPC and s.4 of the DP Act and payment of compensation to the wife-de facto complainant.
-
Rina Kumari @ Rina Devi @ Reena v. Dinesh Kumar Mahto @ Dinesh Kumar Mahato and Another
Will a husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his wife by virtue of Section 125(4), Code of Criminal Procedure, 1973, if his wife refuses to abide by…
-
Ram Pyarey v. The State of Uttar Pradesh
Correctness of the order of conviction against the brother-in-law for the offences punishable u/ss.306, 498-A IPC and s.4 of the Dowry Prohibition Act, 1961, in the absence of any cogent evidence.
- Smt. Kamlesh v. Shri Tejpal
- Gopal Gupta v. Inderjeet
- Smt. Ravi Bala Nijhawan (Decased) Through Lrs & Ors v. Rannvijay Singh -Minor Through His Mother
- Nishant Kapoor & Ors v. State (Nct of Delhi) & Anr
- M/S Lion Inc. Through Its Prop. Sachin v. M/S. Multipliers Realbuild Pvt Ltd. & Ors
-
Ashok Verma v. The State of Chhattisgarh
Whether concurrent conviction of the appellant u/ss.302, 201 and 498A of the IPC for the murder of his wife is justified.
-
Digambar and Another v. The State of Maharashtra and Another
Whether the High Court should have exercised its inherent powers u/s.482 of the Cr.P.C. to quash the criminal proceedings u/ss.498-A, 312, 313 and 34 of the Penal Code, 1860.
- Mr Manu Arora & Ors v. State Govt. of NCT of Delhi & Anr
- State v. Sanjay Kumar Shah & Ors
-
Rinku Baheti v. Sandesh Sharda
Issue arose whether the petitioner-wife is entitled to the transfer of the divorce petition; and whether this Court, upon the application filed by the respondent-husband, can exercise its powers u/Art. 142(1) of the…
- Deep Minor Through Next Friend v. Govt. of NCT of Delhi
- Keshav Kapoor & Ors v. State Through Sho of Ps Sarita Vihar & Anr
- Amrish Kumar Mishra & Ors v. The State of NCT of Delhi & Anr
-
Dara Lakshmi Narayana & Others v. State of Telangana & Another
In the facts and circumstances of the case and after examining the FIR, whether the High Court was correct in refusing to quash the ongoing criminal proceedings against the appellants under Section 498A of the IPC and…
-
Jayedeepsinh Pravinsinh Chavda & Ors. v. State of Gujarat
Matter pertains to correctness of the order passed by the High Court refusing to discharge the appellants-accused from offences punishable u/s.306, 498A and 114 of IPC.
- Sh Amit Mittal and Ors v. The State (Through S.H.O. P.S. Vijay Vihar,Delhi) and Anr
- Balvinder Singh & Ors v. The Govt of NCT of Delhi & Anr
- Rahul Srivastav & Ors v. The State of NCT of Delhi & Anr
- Sh Omkumar & Anr v. The State NCT of Delhi & Anr
- Nowa Bai & Anr v. State
- Naveen Kumar Mongia & Ors v. The State Govt. of NCT of Delhi and Anr
- Nazia Habeeb v. Mohd Najam Khan
- Harmeet Singh @ Happy & Ors v. State of NCT Delhi & Anr
- Rahul Kesarwani v. State of NCT of Delhi & Anr
- Sh Suresh Kumar Gupta & Ors v. State of NCT of Delhi & Anr
- Pranav Kuckreja (In Police Custody) v. State (Nct of Delhi)
- N v. State NCT of Delhi and Anr
- Deepak Kumar Jurel v. State Govt. of NCT of Delhi
- Sandeep Sharma & Ors v. The State Govt of NCT of Delhi & Anr
- Varun Soneja & Ors v. State of NCT of Delhi and Anr
- Dharmender & Ors v. State Govt. of NCT of Delhi and Anr
- Kuldeep Singh v. The State of NCT of Delhi & Anr
- Sanjeev Kumar v. State of NCT of Delhi & Anr. & Anr
- Sanjeev Kumar v. State of NCT of Delhi & Ors
- Sanjeev Kumar v. State of NCT of Delhi & Ors
- Manish Saini v. Government of NCT of Delhi and Anr. & Anr
- Swatilekha Tiwari v. Sunil Pandey
- Mrs Neha Chaudhary v. State of NCT of Delhi & Ors
- Ajay v. State & Anr
- Yogendra @ Yogendra Pratap Singh and Ors v. State of NCT of Delhi & Anr
- Amit Kumar & Ors v. The State of Gnct of Delhi & Anr
- Saurabh Dixit & Ors v. State of Delhi Through Sho Ps Shahdara & Anr
- Furkan v. The State NCT of Delhi
- Kailash Chand & Ors v. State NCT of Delhi & Anr
- Satish Sharma v. State(Gnctd) and Ors
- Sunita & Anr v. Yogesh Kumar
- Manju Jain v. Gurmeet Verma
- Taranjeet Singh & Ors v. State NCT of Delhi and Anr
- Aayush Singhal & Ors v. The State NCT of Delhi and Anr
- Pardip Kumar Mittal & Ors v. State of NCT of Delhi and Anr
-
Kailashben Mahendrabhai Patel & Ors. v. State of Maharashtra & Anr.
FIR was filed against the appellants under Sections 498A, 323, 504, 506 read with Section 34 IPC. Whether the High Court was justified in dismissing the petition under Section 482, CrPC for quashing of the said FIR and…
-
Parveen Kumar v. The State of Himachal Pradesh
Issue arose, if the High Court was justified in convicting and sentencing the husband u/ss. 498A and 306 IPC for subjecting the victim-wife to cruelty and forcing her to commit suicide.
-
Shoor Singh & Anr. v. State of Uttarakhand
High Court, if justified in acquitting the parents-in-laws and the husband of the victim-daughter-in-law of the offences punishable u/ss.304-B and 498-A IPC.
- Ravi Gulati & Ors v. State of NCT of Delhi and Anr
- Sanjeev Suri v. Jyoti Sadana
- Sanjeev Suri v. Sandeep Sadana
-
Dhanraj Aswani v. Amar S. Mulchandani & Anr.
Whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is maintainable at the instance of an accused while he is already in judicial custody in connection with his…
-
Somprabha Rana & Ors. v. The State of Madhya Pradesh & Ors.
High Court, if justified in disturbing the custody of the child, aged one year and five months at the time of passing the order, by handing over the custody of the child to her father and paternal side relatives from…
- Itwari Asur v. State
-
Ranjeet Mittal v. The State of Madhya Pradesh & Anr. Etc. Etc.
High Court whether justified in quashing the charges against Respondent Nos.2-5 (husband and in-laws of the victim-deceased) holding that prima facie the respondents did not abet the deceased to commit suicide.
- Mazhar Ullah v. State NCT of Delhi
- Meena Devi v. Vijay Kumar
-
Chabi Karmakar & Ors. v. The State of West Bengal
The appellants have been convicted u/ss.498A, 304B and 306 r/w.s.34 of the IPC. The Trial Court had convicted sister-in-law (appellant no.1), husband (appellant no.2) and mother-in-law of the deceased and sentenced them…
- Mohd Faizan v. State (N.C.T. of Delhi)
- Prateek & Ors v. State NCT of Delhi and Anr
- Suhail Fazal v. The State
- Sh. S.P. Dua v. Sh. O.P. Dewan
- Satpreet Chawala & Ors v. The State Govt of NCT of Delhi and Anr
- Kunal Seth & Ors v. State Govt. of NCT of Delhi & Anr
- Praveen Mohammad v. State Govt of NCT of Delhi
-
Sudeep Chatterjee v. State of Bihar & Anr.
Whether the High Court erred by putting onerous conditions on accused-appellant while granting provisional pre-arrest bail.