Dowry Harassment Laws in India (BNS Section 85) – Punishment, Evidence & Misuse

The Legal Watch
6 days ago
2 min read

Dowry harassment remains a serious issue in India, leading to legal protections for married women. Previously covered under Section 498A of the IPC, the offence has now been incorporated under Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023.

This blog explains:

✔ What constitutes dowry harassment under BNS?

✔ Punishment & legal procedures

✔ What evidence is required?

✔ Controversies & misuse of the law

1. What is Dowry Harassment Under BNS?

Section 85 of BNS replaces IPC 498A and defines dowry harassment as:

"Cruelty by husband or relatives of the husband towards a woman for dowry demands."

Key Elements of the Offence:

Harassment or cruelty (physical/mental)
Linked to dowry demands (cash, property, gifts)
By husband or his relatives

2. Punishment for Dowry Harassment (BNS Section 85)

Offence	Punishment	Bailable?	Cognizable?
Dowry harassment (Sec 85 BNS)	Up to 3 years jail + fine	No (Non-bailable)	Yes (Police can arrest without warrant)

Note:

Non-compoundable (Case cannot be withdrawn easily).
Immediate arrest possible, but Supreme Court guidelines prevent misuse.

3. How to File a Dowry Harassment Complaint?

Step 1: Report to Police or Magistrate

File an FIR at the nearest police station (since it’s a cognizable offence).
If police refuse, approach the Women’s Cell or Magistrate under Section 154 CrPC (now BNSS).

Step 2: Gather Evidence

WhatsApp messages, call recordings (demanding dowry)
Medical reports (if physical abuse)
Witness statements (family, neighbors)
Dowry lists, bank transactions (proof of demands)

Step 3: Legal Proceedings

Police investigate and file a chargesheet.
Trial begins in Session’s Court.

4. Supreme Court Guidelines to Prevent Misuse

Due to false cases, the Supreme Court (in Rajesh Sharma v. State of UP, 2017) issued safeguards:

✅ No immediate arrest – Police must conduct a preliminary inquiry.

✅ Family Welfare Committee (in some states) reviews complaints.

✅ Mediation allowed in non-serious cases.

5. Can a 498A/BNS 85 Case Be Quashed?

Yes, under:

Mutual settlement (if court allows, though technically non-compoundable).
Lack of evidence (if complaint appears false).
High Court/Supreme Court intervention under Section 482 CrPC (now BNSS).

6. Misuse of Dowry Harassment Laws

False cases for personal vendetta.
Arrests without evidence, leading to harassment of innocent families.
Legal battles causing financial & emotional strain.

Protection for Husbands:

Anticipatory bail (Section 438 CrPC/BNSS).
Counter-complaint for false FIR (Section 211 IPC/BNS).

7. Key Differences: IPC 498A vs. BNS Section 85

Aspect	IPC 498A	BNS Section 85
Definition	Cruelty for dowry	Same, but gender-neutral term "spouse" not added
Punishment	3 years + fine	Same
Bail	Non-bailable	Non-bailable
Cognizable	Yes	Yes