Demands for dowry and the cruelty that often accompanies them are criminal offences in India. At the same time, courts have recognised that such complaints must be handled carefully and fairly. We act for women facing harassment and for husbands and family members who need to respond to a complaint.
The law
- Section 85, Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A IPC): cruelty by a husband or his relatives, including harassment to coerce a woman or her family to meet unlawful demands for property.
- Section 80, Bharatiya Nyaya Sanhita, 2023 (formerly Section 304B IPC): dowry death.
- Dowry Prohibition Act, 1961: makes giving, taking or demanding dowry an offence.
The new criminal laws (Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita) apply to offences from 1 July 2024. Older offences continue under the earlier provisions.
If you are facing dowry harassment
- We advise on the safest course, including urgent protection under the Domestic Violence Act;
- we help you prepare a clear, factual police complaint, and follow up on its progress;
- we pursue recovery of stridhan and maintenance alongside the criminal case;
- we represent you during the investigation and trial.
If a complaint has been made against you
- Arrest safeguards. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that arrest should not be automatic for offences like this, and that police must follow the notice procedure (now Section 35, BNSS). We make sure these safeguards are respected.
- Anticipatory bail under Section 482, BNSS (formerly Section 438 CrPC), where there is a risk of arrest;
- Quashing petitions before the Madras High Court under Section 528, BNSS (formerly Section 482 CrPC), where allegations are vague or the dispute has been settled;
- Settlement as part of an overall resolution of the matrimonial dispute, where appropriate.
Why early advice matters
What is written in the first complaint, or said in the first police interview, can shape the whole case. Speaking to a lawyer before taking these steps helps protect your position, whichever side you are on.
Frequently asked questions
Is a dowry harassment offence bailable?
Cruelty under Section 85 BNS (formerly 498A IPC) is generally a non-bailable and cognizable offence, so bail must be sought from the court. Anticipatory bail can be applied for in advance where there is a risk of arrest.
Can a 498A case be withdrawn after settlement?
The offence is generally not compoundable, so it cannot simply be withdrawn. However, the High Court can quash proceedings where the parties have genuinely settled their dispute.
Can relatives living elsewhere be named in a complaint?
They can be named, but courts have repeatedly cautioned against roping in distant relatives without specific allegations. Vague allegations are a common ground for quashing.
Does the new law change my old case?
Offences committed before 1 July 2024 continue to be governed by the IPC and CrPC. The new codes apply to offences after that date.
This page is general information about Indian law as of 15 October 2026, not legal advice. Every case turns on its own facts. Please speak to a lawyer before acting on it. See our disclaimer.
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