Dowry or Cruelty Case (Section 85 BNS, Old 498A) Filed Against Your Family in Gurugram? What Happens Next and What You Can Do

When a marriage breaks down, one of the most stressful things a family can face is a police complaint alleging cruelty or dowry harassment. Often the complaint names not only the husband but also his parents, siblings and sometimes relatives who live in another city. Many families in Gurugram first hear of it through a phone call from the women's cell or the police station, and panic about immediate arrest.

This article explains, in plain language, how these cases work under the new criminal laws, what usually happens next, and the lawful steps an accused family can take. It is equally important to say at the start: cruelty and dowry harassment are real and serious offences, and the law exists to protect women who suffer them. The aim here is to explain the process, not to suggest that complaints are false.

Which law applies now?

From 1 July 2024, the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). The main provisions are:

• Section 85 BNS (formerly Section 498A IPC): cruelty to a married woman by her husband or his relatives. The punishment can extend to three years' imprisonment and a fine.
• Section 86 BNS: defines "cruelty". It covers wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb or health (mental or physical), and harassment to force her or her relatives to meet an unlawful demand for property or valuable security, such as dowry.
• Section 80 BNS (formerly Section 304B IPC): dowry death, a far more serious offence that applies only where a woman dies in unnatural circumstances within seven years of marriage after cruelty linked to dowry.
• The Dowry Prohibition Act, 1961: separately makes giving, taking and demanding dowry an offence.

An offence under Section 85 BNS is cognizable (the police can register an FIR and investigate), non-bailable (bail is at the court's discretion, not an automatic right) and non-compoundable (the parties cannot simply withdraw it by themselves, even if they settle).

What usually happens after a complaint

1. Complaint and counselling stage

In many places, including Gurugram, a matrimonial complaint is often first looked at by the women's cell or a similar unit, which may call both sides for counselling or reconciliation before an FIR is registered. This is not guaranteed in every case, and serious allegations can lead directly to an FIR. If you are called, attend, stay calm, and keep a written record of the dates and of what was discussed.

2. Registration of the FIR

If the complaint discloses a cognizable offence, an FIR may be registered under Section 85 BNS, often along with other sections such as those for hurt, criminal intimidation, or criminal breach of trust over jewellery and other stridhan (the woman's own property).

3. Investigation, notice and arrest

Arrest is not automatic. Section 85 BNS carries a maximum of three years, so the arrest safeguards in the BNSS apply. In such cases the police are generally expected to issue a notice of appearance under Section 35(3) BNSS (formerly Section 41A CrPC) rather than arrest straight away, and to record reasons if they do arrest. The Supreme Court, in Arnesh Kumar v. State of Bihar, specifically warned against routine arrests in Section 498A cases and directed that the police follow these safeguards. You can read more in our article on what to do if you receive a Section 35(3) BNSS notice.

4. Chargesheet or closure

After investigation, the police file either a chargesheet (if they find enough material) or a closure report. Where the material against some relatives is vague or general, the police may not chargesheet them at all.

Lawful steps the accused family can take

Anticipatory bail

If family members fear arrest, they can apply for anticipatory bail under Section 482 BNSS (formerly Section 438 CrPC), usually first before the Sessions Court in Gurugram and, if refused, before the Punjab and Haryana High Court. Courts look at the nature of the allegations, the specific role given to each person, whether they live with the couple, and whether custodial questioning is really needed. Elderly parents, married sisters living elsewhere and distant relatives named only in general terms often stand on a different footing from the main accused, but every case depends on its facts.

Cooperate with the investigation

If you receive a notice, appear on the date given and give your account calmly. Courts often grant or continue protection on the condition that the accused joins the investigation. Not cooperating is one of the commonest reasons protection is refused or cancelled.

Collect your documents early

• Marriage records, photographs and invitation cards.
• Messages, emails and call records showing the actual state of the relationship.
• Proof of where each family member lives and works (useful where relatives are named who never lived with the couple).
• Records of any jewellery, gifts or money given or returned, with receipts where available.
• Any earlier complaints, mediation records or settlement talks.

Keep originals safe and give copies only when asked. Never alter or delete messages; tampering with evidence creates fresh problems.

Settlement and quashing

Because the offence is non-compoundable, a private settlement does not end the case on its own. Where the couple genuinely settle (for example, through mediation alongside divorce by mutual consent), the parties can approach the High Court to quash the FIR under Section 528 BNSS (formerly Section 482 CrPC). The High Court can also quash proceedings in suitable cases where the allegations, even if accepted as they stand, do not disclose an offence against a particular person. Our article on how FIRs are quashed in Haryana explains this process.

Things that make matters worse

• Contacting or pressurising the complainant or her family to withdraw the case. This can lead to further charges and cancellation of bail.
• Posting about the dispute on social media, or sharing private photographs or messages.
• Ignoring a police notice or travelling abroad without checking whether court permission is needed.
• Filing counter-complaints without basis. Any complaint you make should be truthful and supported.
• Holding back the woman's stridhan. Her jewellery and personal property belong to her; disputes over it can add further charges.

Related matters that often run together

A Section 85 BNS case is often only one part of a wider dispute. There may also be proceedings for maintenance, a domestic violence case under the Protection of Women from Domestic Violence Act, 2005, and a divorce or restitution petition in the Family Court. These run separately and have different standards, so it helps to look at the whole picture together. More general information is on our page on dowry and cruelty cases in Gurugram.