If you or your family have been named in a 498A or dowry complaint in Delhi, get a copy of the complaint or FIR today, do not ignore any police call, and speak to a criminal lawyer before anyone appears at the police station. The offence is now Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), formerly Section 498A IPC. It is cognizable and non-bailable, so how you act in the first days decides whether you face arrest. Call +91 97181 81919 if it is urgent.
Best 498A lawyer in Delhi: what we do first
The best 498A lawyer in Delhi is the one who reads the complaint closely and acts early, not the one who promises results. No lawyer can promise bail or a closure of the case. Our advocates start by reading the complaint or FIR line by line and listing exactly what is alleged against whom, on which dates. We then decide the route: a reply to a police notice, anticipatory bail, or, if arrest has already happened, regular bail. The sooner we see the papers, the more options remain.
What the law says
Cruelty cases are covered by the following provisions, all in the current law that has applied since 1 July 2024:
| Provision | What it covers |
|---|---|
| Section 85 BNS (formerly 498A IPC) | Cruelty by a husband or his relative towards a married woman |
| Section 86 BNS | Explains cruelty: wilful conduct likely to drive her to suicide or cause grave injury, or harassment to force a dowry demand |
| Section 80 BNS (formerly 304B IPC) | Dowry death within seven years of marriage |
| Sections 3 and 4, Dowry Prohibition Act, 1961 | Giving, taking and demanding dowry |
| Section 35 BNSS (formerly 41A CrPC) | Notice of appearance instead of arrest |
| Section 482 BNSS (formerly 438 CrPC) | Anticipatory bail |
| Section 528 BNSS (formerly 482 CrPC) | Inherent powers, including quashing of an FIR |
A complaint can also add sections on breach of trust over stridhan or on hurt. The mix of sections matters because it changes the risk of arrest and what the bail court will ask.
What a 498A complaint usually looks like in Delhi
Most cases begin with a written complaint to the police or to the Crime Against Women Cell. Often the police first call both sides for counselling or mediation, and an FIR follows only if the matter is not resolved. The complaint may name the husband alone or the husband, parents, siblings and other relatives. Allegations are often general. A strong defence starts by separating what is alleged against each person and checking it against dates, locations, messages and bank records.
Arrest: what the law expects of the police
Because Section 85 BNS carries imprisonment of up to three years, the police are expected to consider a notice under Section 35 BNSS before arrest. If you comply with the notice you are not to be arrested for that offence unless the officer records reasons that arrest is necessary. That protection is not a reason to go unprepared. The notice date, the questions asked and any statement you sign all matter, so have a lawyer reachable before you appear.
If you are already in custody, you must be produced before a Magistrate within 24 hours, excluding travel time, and a bail application is the next step. The first 24 hours after an FIR are explained in a separate page.
Step by step: how we handle a 498A case
- Collect the papers. Complaint, FIR, any notice, marriage details, and a one-page timeline from you.
- Preserve evidence. Chats, call records, photographs, payment records and gift lists. Do not delete anything.
- Check who is named and why. For each relative we examine the specific allegation. A general or bare name is a point for the bail argument.
- Choose the route. Notice reply, anticipatory bail, or regular bail after arrest.
- File and argue. The bail application goes to the Sessions Court, or the Delhi High Court where appropriate.
- Follow the case. Cooperate with the investigation, attend dates, and prepare for the charge sheet and trial.
Bail in a 498A case: what the court looks at
Bail is the court’s decision, not a right. The court usually considers the nature of the allegations, the role attributed to the applicant, whether custody is needed for investigation, the applicant’s cooperation, any risk of tampering and the time already spent in custody. Older relatives, women and persons living away from the matrimonial home often have specific points for the court, which we raise through the facts of the case. The more complete the file on the first hearing, the better the bail application can be argued.
Settlement and quashing
Many 498A matters are tied to a divorce or maintenance dispute. Section 85 BNS is not compoundable by the spouses alone, but where both sides genuinely settle, the Delhi High Court can be asked to quash the FIR under Section 528 BNSS. See our page on quashing of FIR. The court looks at the facts and the nature of the allegations; a settlement by itself does not lead to quashing. Maintenance is a separate remedy, now under Section 144 BNSS, and a matrimonial dispute may run alongside the criminal case.
Which court in Delhi
The Magistrate of the district court covering the police station usually hears the case. Bail may be heard by the Sessions Court. Delhi has district courts at Tis Hazari, Patiala House, Saket, Rohini, Dwarka and Karkardooma, plus Rouse Avenue, and the Delhi High Court hears quashing petitions and appeals. We appear in all of them.
Points we examine in the defence
- Specific roles. Whether the complaint says what each relative did, when and where, or only names them.
- Timing. Whether the allegations appear only after a divorce, maintenance or custody dispute began, and what earlier messages and conduct show.
- Records against the story. Chats, call logs, travel and payment records that match or contradict the dates alleged.
- Place of living. Whether a named relative lived elsewhere, in another city or abroad, during the period alleged.
- The sections added. Whether dowry-related or other serious sections are supported by the facts, since they change the bail picture.
These are questions we put to the file; they are not a promise that any of them will succeed.
How long a 498A case takes
Timelines vary widely. Anticipatory bail is often listed within days of filing and can be decided within a few weeks. Investigation and charge sheet commonly take a few months. A trial before the Magistrate may run for several years. Cases connected to a divorce are sometimes resolved earlier by settlement. These are ranges, not commitments, and the court’s own calendar controls them.
Documents to keep ready
- A copy of the complaint, FIR or police notice
- Marriage certificate, photographs and invitation if available
- Chats, emails, call records and social media messages
- Bank statements and records of gifts and payments
- Address proof of every person named, with the place each lived and worked
- Any earlier legal notice, divorce or maintenance papers
What to expect at the first hearing
At the first hearing the court reads the complaint, hears both sides on bail or on the interim protection requested, and fixes the next date. It may ask for a reply from the prosecution or the investigating officer. Do not expect a final decision on day one in every case, and be present on every date. We brief you in plain language before you walk in.
Call us now
Call +91 97181 81919, 24×7 for arrests. Send the complaint or notice on WhatsApp and we will tell you what the next 48 hours should look like. Our office is at 19, Kashmiri Market, INA Colony, New Delhi 110023.
Call +91 97181 81919 — 24×7 for arrests
Send the FIR or notice on WhatsApp with the police station name and we will tell you the court and the next step.
FAQ
Frequently asked questions
What is a 498A case now called?
Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), formerly Section 498A IPC, punishes cruelty by a husband or his relative towards a married woman. Section 86 BNS explains what counts as cruelty. People still say "498A" in daily use.
Is a 498A case bailable?
No. The offence is cognizable and non-bailable, so bail is decided by the court and is not a matter of right. That is why anticipatory bail or a Section 35 BNSS notice is usually the first question.
Will I be arrested straight after a 498A complaint?
Not automatically. The offence carries imprisonment of up to three years, so the police are expected to consider a notice of appearance under Section 35 BNSS before arrest, and must record reasons if they arrest. Do not rely on this: take advice before you go.
Can I get anticipatory bail in a 498A case?
Yes, an application can be filed under Section 482 BNSS before the Sessions Court or the Delhi High Court. The court looks at the allegations, the role attributed to each family member and whether custody is truly needed. No lawyer can promise the outcome.
Can my parents, sister or other relatives be named?
Yes, the law covers relatives of the husband, and complainants sometimes name many. Whether a relative is properly accused depends on specific allegations against that person, which is a point we examine from the first day.
What is the Dowry Prohibition Act and how is it linked?
The Dowry Prohibition Act, 1961 makes giving, taking or demanding dowry an offence. Complaints often add its provisions to Section 85 BNS, and the combined sections affect the risk of arrest and the bail argument.
What is the difference between 498A and dowry death?
Section 85 BNS is cruelty to a living woman. Dowry death is a separate and far more serious offence under Section 80 BNS (formerly 304B IPC), where a woman dies unnaturally within seven years of marriage after dowry-related cruelty. Bail rules differ sharply.
Can a 498A case be settled?
A 498A offence is not compoundable by the parties alone. If the spouses genuinely settle, the Delhi High Court can be asked to quash the FIR under Section 528 BNSS. Courts decide each case on its own facts, and no outcome can be promised.
Where will my 498A case be heard in Delhi?
Usually before the Magistrate of the district court covering the police station where the FIR is registered, such as Tis Hazari, Patiala House, Saket, Rohini, Dwarka or Karkardooma. Bail and quashing may go to the Sessions Court or the Delhi High Court.
What should I do today if I have been named in a 498A complaint?
Get a copy of the complaint or FIR, do not ignore any police call or notice, and do not contact the complainant or witnesses to pressure them. Keep chats, call records and money records safe, then call a criminal lawyer the same day.
Statutory references are to the Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Bharatiya Sakshya Adhiniyam, 2023 (BSA), in force from 1 July 2024, with the corresponding provisions of the previously applicable IPC, CrPC and Indian Evidence Act noted for reference. This page is for general information only and is not legal advice.