From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS), the CrPC by the BNSS, and the Evidence Act by the BSA. Cruelty to a married woman — long known as Section 498A IPC — now appears as Section 85 BNS, with the definition of cruelty in Section 86. The substance is carried over largely unchanged; the numbering, and the procedural code around it, are what changed. Offences alleged before the transition continue under the old codes.
This creates a practical problem nobody warned families about: the same allegation may be described as 498A by one person, Section 85 BNS by another, and both can be correct depending on when the conduct is alleged to have occurred. Getting this right matters for the FIR, the bail application and the defence.
The mapping that matters in matrimonial matters
| Old provision | New provision | Subject |
|---|---|---|
| Section 498A IPC | Section 85 BNS | Cruelty by husband or his relatives |
| Explanation to 498A | Section 86 BNS | Definition of cruelty |
| Section 406 IPC | Section 316 BNS | Criminal breach of trust (stridhan claims) |
| Section 438 CrPC | Section 482 BNSS | Anticipatory bail |
| Section 41A CrPC notice | Section 35 BNSS notice | Notice to appear instead of arrest |
| Section 125 CrPC | Section 125 BNSS | Maintenance |
Which code applies to your matter
The date of the alleged offence decides. Conduct alleged before 1 July 2024 is prosecuted under the IPC and the old procedure; conduct after that date falls under the BNS and BNSS. In matrimonial cases, where allegations often span years, both can feature in a single FIR — and the pleadings must handle that carefully.
What did not change
- The offence remains cognizable and non-bailable — so early protection still matters
- Supreme Court safeguards against mechanical arrest continue to apply
- Quashing before the High Court remains available where allegations are inherently improbable or the dispute is settled
- Settlement and compounding practice continues broadly as before
The bottom line
The transition is mostly renumbering, but renumbering matters in court. Ensure whoever handles your matter cites the code that actually applies to the alleged dates — mismatched sections invite avoidable objections at exactly the wrong moment.