When a marriage breaks down, criminal complaints of cruelty or dowry demands are often filed against the husband and his family. These are serious allegations, but the law also contains safeguards against automatic arrest and against cases that are exaggerated or misused.
The usual provisions
- Cruelty by husband or relatives: Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A IPC).
- Dowry death: Section 80 BNS (formerly Section 304B IPC).
- Offences under the Dowry Prohibition Act, 1961.
- Proceedings under the Protection of Women from Domestic Violence Act, 2005, which are civil in nature but often run alongside.
Protection from arrest
- In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that arrests in such cases must not be automatic, and that police must record reasons and generally issue a notice to appear first.
- Family members, especially relatives who live separately, can apply for anticipatory bail before the Sessions Court or the High Court.
- Courts are cautious about vague, general allegations made against every member of the husband's family.
Settlement and quashing
Where the parties reach a genuine settlement, including a mutual consent divorce, the High Court can quash the FIR. Mediation is often attempted at the court or police stage.
How we can help
- Anticipatory and regular bail for the husband and family members
- Representation during mediation and investigation
- Quashing petitions on settlement or where the allegations do not make out an offence
- Trial defence, alongside the connected divorce, maintenance and custody proceedings