Section 498A IPC (now Section 85 of the Bharatiya Nyaya Sanhita, 2023) makes it a criminal offense for a husband or any relative of the husband to subject a woman to cruelty. “Cruelty” includes:

• Any willful conduct likely to drive the woman to commit suicide or cause grave injury to her life, limb, or health
• Harassment with a view to coercing her or her family to meet unlawful demands for property or dowry

The offense is cognizable, non-bailable, and non-compoundable. Punishment: imprisonment up to 3 years and/or a fine. The Supreme Court in Arnesh Kumar (2014) directed that arrest should not be made without proper application of mind.

Under Section 2 of the Dowry Prohibition Act, 1961, dowry means any property or valuable security given or agreed to be given directly or indirectly:

• By one party to a marriage to the other party to the marriage
• By the parents of either party, or by any other person
• In connection with the marriage — before, at, or after the marriage

Importantly, voluntary gifts given without any demand are generally not treated as dowry. Streedhan (bride’s own property given to her by her family as a gift) belongs to the wife and must be returned.

Yes. If a 498A FIR is false, exaggerated, or filed with mala fide intent, the accused can file a petition under Section 528 BNSS / Section 482 CrPC before the Delhi High Court for quashing the FIR. The High Court may quash an FIR if:

• The allegations, even if taken at face value, do not constitute the offence
• The complaint is manifestly frivolous or made with ulterior motive
• There is a compromise between the parties and no useful purpose will be served by trial
• The continuation of proceedings would be an abuse of the process of court

Quashing petitions are filed alongside anticipatory bail applications as a parallel two-pronged defense strategy.

Section 498A is a non-bailable, cognizable offense — meaning police can arrest without a warrant, and bail is not a matter of right from the police station. Bail must be sought from the Magistrate’s Court or Sessions Court.

The Supreme Court in Arnesh Kumar v. State of Bihar (2014) directed that police should not arrest automatically in 498A cases — they must record reasons for arrest and be satisfied that arrest is necessary to prevent the accused from committing further offenses, tampering with evidence, or fleeing. Magistrates must also apply their minds before extending detention.

Anticipatory bail under Section 438 CrPC / 482 BNSS should be filed immediately if arrest is apprehended.

Section 304B IPC (now Section 80 BNS) — Dowry Death — applies when:

• A woman dies due to burns, bodily injury, or under suspicious circumstances
• The death occurs within 7 years of marriage
• It is shown she was subjected to cruelty or harassment for dowry demands soon before her death

If these elements are established, Section 113B of the Indian Evidence Act creates a legal presumption that the accused caused the dowry death — reversing the normal burden of proof. The minimum punishment is 7 years imprisonment, extendable to life. Defense in Section 304B cases requires highly skilled cross-examination and meticulous challenge of the evidence establishing “soon before” harassment.

Streedhan is property that exclusively belongs to a woman — gifts given to her by her parents, relatives, or friends at the time of marriage or otherwise. Unlike dowry (which involves demands), streedhan is given voluntarily and belongs solely to the wife. It includes:

• Gold jewellery, ornaments, and valuables gifted to the bride
• Cash or bank deposits in the wife’s name
• Household items gifted specifically to the bride

If the husband or in-laws wrongfully retain streedhan, the wife can file a complaint under Section 406 IPC (criminal breach of trust) and also seek its recovery in civil proceedings. Streedhan recovery proceedings can be initiated at any time — there is no strict limitation period once the marriage has broken down.

Yes. If the dowry complaint is demonstrably false and filed with mala fide intent, the husband and his family can:

• File a complaint for defamation under Section 499 IPC
• File a complaint for filing a false FIR under Section 182 IPC (giving false information to police)
• File a complaint for perjury if false statements are made on oath in court proceedings
• Approach the High Court for quashing of the FIR on grounds of malicious prosecution
• Claim malicious prosecution damages in a civil suit after acquittal

Yes — and obtaining anticipatory bail is typically the most urgent priority when a false 498A case is filed. Anticipatory bail under Section 438 CrPC / Section 482 BNSS can be sought from:

• The Sessions Court (for the relevant Delhi district) — typically heard within 1–3 days of filing
• The Delhi High Court — if Sessions Court refuses, or for cases requiring High Court-level intervention

Our lawyers file anticipatory bail applications with detailed affidavits establishing the false nature of the complaint and the applicant’s roots in society, ensuring the highest chance of the bail being granted swiftly.