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IPC 498A → BNS 85: Cruelty by Husband

IPC Section 498A (Cruelty by Husband) under the old Indian Penal Code 1860 is now covered under Section 85 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

498A

Cruelty by Husband

Husband or relatives subjecting woman to cruelty

New Law — BNS 2023

85

Cruelty by Husband

Punishment / Liability
Same - Up to 3 years with fine
Key Change / Note
Added provisions for mental cruelty

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Quick Summary: IPC 498A vs BNS 85

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 498A (Cruelty by Husband) is now mapped to BNS Section 85.

What did IPC 498A cover?

IPC 498A dealt with cruelty by husbandhusband or relatives subjecting woman to cruelty. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 85: What changed in the new law?

Added provisions for mental cruelty. From 1 July 2024, all new criminal complaints relating to cruelty by husband are filed under BNS Section 85. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 85

Same - Up to 3 years with fine

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 85 instead of IPC 498A.
  • Police officers: Use BNS 85 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 498A ↔ BNS 85 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 498A?

IPC Section 498A (Cruelty by Husband) is now covered under Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 85?

Same - Up to 3 years with fine

What is the key difference between IPC 498A and BNS 85?

Added provisions for mental cruelty

Is IPC 498A still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

Case Law on Section 498A

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