Dowry Harassment Law in India: BNS 85, 86 and What to Do

Dowry harassment law in India works through two statutes. Section 85 of the Bharatiya Nyaya Sanhita, 2023 (the old Section 498A IPC) punishes cruelty to a married woman by her husband or his relatives with imprisonment up to three years and a fine, and Section 86 defines cruelty. The Dowry Prohibition Act, 1961 separately punishes giving, taking and demanding dowry. A woman can file an FIR at any police station; an accused has arrest safeguards, including a two-month cooling period the Supreme Court backed on 22 July 2025.

Dowry harassment law in India: what BNS 85, 86 and the Dowry Prohibition Act cover

“Dowry” means any property or valuable security given or agreed to be given in connection with a marriage, whether before, at or after it (Dowry Prohibition Act, s.2). Wedding presents given without demand are not an offence if recorded in a list as the rules require (s.3(2)); mahr is excluded. In State of U.P. v. Ajmal Beg (15 December 2025), the Supreme Court restored dowry death and cruelty convictions and held that demands after the marriage are still dowry.

Cruelty under Section 85 does not need a dowry demand in every case: the two limbs of Section 86 are independent. The offence is cognizable, so the police must register an FIR, and non-bailable, so the court decides bail.

Dowry offences are also non-bailable and non-compoundable (s.8). Dowry received must be held in trust for the woman and handed over to her within the time s.6 sets, generally three months, which links to her stridhan rights.

What to do if you face dowry harassment

1. Get safe first. Call 112 or the Women Helpline 181, move to a trusted relative’s home, and take your documents, stridhan list and medical records if you can.
2. Collect proof. Keep messages, call records, bank entries, injury photographs, medical reports, wedding invoices and witness names. Write down the date, place and words of each demand. Vague complaints fail in court.
3. File the complaint. Go to any police station. Under BNSS s.173 the FIR can be given orally or electronically, and you get a free copy. If the officer refuses, send the substance in writing to the Superintendent of Police, then approach the Magistrate under s.175(3).
4. Use civil remedies too. Apply under Section 12 of the Domestic Violence Act for protection, residence and money relief (procedure), and claim maintenance under BNSS s.144 (guide).
5. Approach the Dowry Prohibition Officer (s.8B) and use free legal aid from the District Legal Services Authority if needed.

Example: Pooja, married in Lucknow in 2024, is pressed for a car and ₹5 lakh and locked out. She keeps the WhatsApp demands, files an FIR and applies under the DV Act for residence.

If you are accused: arrest safeguards and the 2025 Supreme Court directions

A complaint is not proof, and the Supreme Court has warned against naming relatives without specific roles. In Dara Lakshmi Narayana v. State of Telangana (December 2024) it quashed a case built on omnibus allegations, and in Rajesh Chaddha v. State of U.P. (2025) it acquitted a husband and flagged misuse where allegations lack concrete evidence.

Dowry harassment law in India now gives accused persons these protections:

• No automatic arrest. Arnesh Kumar v. State of Bihar (2014) bars mechanical arrest in offences up to seven years. BNSS s.35 lets police issue a notice of appearance instead; respond to it.
• Anticipatory bail under BNSS s.482 (guide).
• Cooling period. The Allahabad High Court (Mukesh Bansal v. State of U.P., 13 June 2022) directed that for Section 498A and similar offences punishable below 10 years, no arrest or police action should follow for two months from the FIR while a district Family Welfare Committee examines the case. Police may still gather medical and witness evidence. On 22 July 2025, in Shivangi Bansal v. Sahib Bansal, the Supreme Court directed that these guidelines remain in effect and be implemented by the authorities. Graver offences such as attempted murder are outside it.
• Quashing by the High Court under BNSS s.528 for vague allegations or a genuine settlement.

Caution: the guidelines originate from a High Court, and commentators note it is unclear how fully other states apply them, so do not assume police will, or must, wait two months. The Supreme Court’s 20 August 2026 order in Ajmal Beg also gave ten directions for faster dowry trials, including effective Dowry Prohibition Officers and mediation only where there is no death or grievous violence.

Common mistakes

• A general complaint with no dates, amounts or names.
• Deleting chats, or leaving home without copies of documents.
• Naming every in-law, including relatives who live elsewhere.
• Settling informally and expecting the case to end on its own.

Frequently asked questions

What is the dowry harassment law in India?

Sections 85 and 86 of the BNS (old 498A IPC) for cruelty, Section 80 BNS for dowry death, and the Dowry Prohibition Act, 1961 for giving, taking and demanding dowry. The Domestic Violence Act adds civil relief.

Is BNS 85 the same as 498A?

Yes in substance. Section 85 BNS replaced Section 498A IPC from 1 July 2024, with the same punishment, up to three years and a fine. Section 86 defines cruelty.

Can the husband be arrested immediately after a dowry complaint?

Not automatically. Arnesh Kumar and BNSS s.35 require the police to justify arrest, and on 22 July 2025 the Supreme Court backed a two-month cooling period with Family Welfare Committee referral, though its reach beyond Uttar Pradesh is unclear.

Can a dowry complaint be filed after many years?

The general limit is three years for cognizance (BNSS s.514), but continuing cruelty and sufficient cause for delay can be considered. File early and give dates.

Quick quiz

To understand dowry harassment law in India step by step, see the Women’s Legal Rights in India certificate course. It is a Lexfolio certificate of completion, not a degree or licence to practise law.

Sources

• Bharatiya Nyaya Sanhita, 2023: ss.80, 85, 86; Dowry Prohibition Act, 1961: ss.2, 3, 4, 6, 8, 8A, 8B
• Bharatiya Nagarik Suraksha Sanhita, 2023: ss.35, 144, 173, 175(3), 482, 514, 528
• Domestic Violence Act, 2005: s.12
• Arnesh Kumar v. State of Bihar (2014); Dara Lakshmi Narayana v. State of Telangana (2024); Rajesh Chaddha v. State of U.P. (2025)
• Mukesh Bansal v. State of U.P. (Allahabad HC, 13 June 2022); Shivangi Bansal v. Sahib Bansal (SC, 22 July 2025)
• State of U.P. v. Ajmal Beg (SC, 15 December 2025; order of 20 August 2026)

This page is for education and general information, not legal advice for a specific case. Law as on 29 October 2026.