Dowry Harassment & Section 85 BNS (498A) Legal Consultation

Cruelty by a husband or his relatives, including harassment for dowry, is an offence. We advise both complainants and persons named in such complaints, fairly and confidentially.

What is dowry harassment?

Under the Bharatiya Nyaya Sanhita, 2023, sections 85 and 86 deal with cruelty by husband or relatives (these replaced section 498A of the IPC from 1 July 2024). The Dowry Prohibition Act, 1961 separately penalises giving, taking and demanding dowry.

Allegations must be proved in court. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) laid down safeguards against arrests without proper application of mind in such cases.

Who may need this service

  • Women facing harassment for dowry
  • Families seeking return of stridhan
  • Persons named in a complaint who need advice

Legal framework

Bharatiya Nyaya Sanhita, 2023 (sections 80, 85, 86); Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005; Bharatiya Nagarik Suraksha Sanhita, 2023 (procedure).

Documents generally required

  • Evidence of demands (messages, recordings, witnesses)
  • List of stridhan and gifts with proof
  • Medical records if any
  • Copies of complaints or notices

Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.

Procedure

  1. Consultation. Assess facts and evidence.
  2. Mediation or complaint. Explore Crime Against Women Cell mediation or file complaint.
  3. Stridhan. Seek return of stridhan.
  4. Court proceedings. Represent in trial, bail or quashing proceedings.

Common problems we see

  • Exaggerated or incomplete complaints
  • Loss of stridhan evidence
  • Pressure to settle

How an advocate can help

  • Neutral legal advice
  • Represent complainant or accused (never both in the same matter)

Delhi courts and NCR

In Delhi, family courts sit in the district court complexes. We assist in matters at Tis Hazari Courts, Saket Courts, Patiala House Courts, Karkardooma Courts, Rohini Courts, Dwarka Courts, and in NCR at the district courts of Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The correct court depends on jurisdiction rules for your case.

Related services

Legal guides

Frequently Asked Questions

Is section 498A still in force?
From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita. The equivalent provisions are sections 85 and 86 BNS. Offences before that date continue under the IPC.
What is stridhan?
Property given to a woman before, at or after marriage that belongs to her. She can reclaim it.

Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.

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