Section 498A IPC vs Section 84 BNS — A Side-by-Side Comparison
Section 498A IPC was repealed on 1 July 2024. Its successor — Section 84 of the Bharatiya Nyaya Sanhita 2023 — preserves the offence with substantially identical language, punishment, and procedural framework.
| Topic | Section 498A IPC (repealed) | Section 84 BNS (in force) |
|---|---|---|
| Statute | Section 498A IPC (1860, inserted 1983) | Section 84 BNS (in force 1 July 2024) |
| Title | Husband or relative of husband of a woman subjecting her to cruelty | Same — language carried forward verbatim |
| Punishment | Imprisonment up to 3 years + fine | Imprisonment up to 3 years + fine (unchanged) |
| Cognisable | Cognisable (post-2013, with safeguards under Arnesh Kumar) | Cognisable (Arnesh Kumar safeguards apply) |
| Bailable | Non-bailable | Non-bailable |
| Triable by | Magistrate of First Class | Magistrate of First Class (unchanged) |
| Definition of "Cruelty" | Section 498A Explanation (a) + (b) — wilful conduct that endangers life/limb/mental health OR harassment to coerce dowry | Section 84 — same two-limb definition retained |
| Arrest safeguards | Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 — police must record reasons before arrest | Same Arnesh Kumar safeguards continue under Section 35 BNSS notice framework |
| Family Welfare Committee | Rajesh Sharma v. State of UP (2017) 8 SCC 746 — partly modified by Social Action Forum (2018) | Practice continues; varying district-level adoption |
| Quashing on settlement | Gian Singh v. State of Punjab (2012) 10 SCC 303 — compoundable on settlement | Same — Section 528 BNSS inherent power retains Gian Singh framework |
| Transitional rule | Cases registered before 1 July 2024 continue under §498A IPC | Cases registered on or after 1 July 2024 are registered under §84 BNS |
Frequently Asked Questions
Is Section 498A IPC abolished?
Yes — Section 498A IPC was repealed on 1 July 2024 along with the rest of the Indian Penal Code. Its successor is Section 84 of the Bharatiya Nyaya Sanhita 2023, which carries forward the offence with substantially identical language and the same punishment range. Cases registered before 1 July 2024 continue to be prosecuted under Section 498A IPC; new cases are registered under Section 84 BNS.
Is the punishment under Section 84 BNS the same as 498A IPC?
Yes. Section 84 BNS retains the same punishment — imprisonment for a term that may extend to three years and also liable to fine. The structure of the offence has not been changed.
Do Arnesh Kumar safeguards apply to Section 84 BNS cases?
Yes. The Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 framework — requiring police to record reasons before arrest, and Section 41A CrPC / Section 35 BNSS notice as the default first step — applies equally to Section 84 BNS prosecutions.
Can a Section 84 BNS case be quashed on settlement?
Yes. The Gian Singh v. State of Punjab (2012) 10 SCC 303 framework — which allows quashing of matrimonial cruelty cases on the basis of settlement between the parties — continues to operate. Quashing is now sought under Section 528 BNSS (formerly Section 482 CrPC).
What about cases pending on 1 July 2024?
Cases registered before 1 July 2024 continue under IPC Section 498A. The substantive law (ingredients, defences, sentencing) follows the IPC. The procedural law follows whichever code was in force when the trial commenced.
For matrimonial-cruelty prosecution, defence, or quashing under Section 528 BNSS, contact Unified Chambers and Associates at legal@unifiedchambers.com or +91 84008 60008.