Facing a 498A Complaint in Pune: What the Defence Looks Like

Section 85 of the Bharatiya Nyaya Sanhita 2023, which replaced Section 498A of the Indian Penal Code, criminalises cruelty by a husband or his relatives towards a wife. The offence is cognisable and non-bailable, which means the police can make arrests without a warrant, and bail is not a matter of right at the magistrate level.

The history of Section 498A, and its current form under the BNS, is relevant context. The provision was introduced to protect women from domestic cruelty and dowry harassment. Over time, courts, including the Supreme Court, have acknowledged that the provision has occasionally been invoked in matrimonial disputes as a tactical move.

When a 498A FIR is registered, several things happen quickly. The police can summon the accused persons for questioning. If arrests are imminent, anticipatory bail applications need to be filed without delay. The application should specifically address the allegations in the FIR, not generically, but by examining each allegation and presenting the factual context.

The investigation stage involves recorded statements, examination of witnesses, and collection of documents. The accused is entitled to remain silent during police questioning, the right against self-incrimination applies. No statement to the police by an accused person is admissible as evidence against them in court.

If a chargesheet is filed, the matter moves to trial. Trial under Section 85 BNS takes place before the Magistrate Court for most accused, and may be committed to the Sessions Court depending on the specific allegations. The trial can take several years.

The defence in these matters is a combination of the bail strategy (immediate), the investigation management (first few months), and the trial preparation (long-term). Each stage requires different work, and the approach at each stage affects the outcome at the next.