Key takeaway
Cruelty by a husband or his relatives is an offence under sections 85 and 86 of the Bharatiya Nyaya Sanhita (previously section 498A IPC). The law protects genuine victims, and courts take complaints seriously; they also guard against arrest without justification and have quashed cases that are clearly abusive or have been settled. An NRI named in such a complaint should respond through a lawyer — typically by seeking anticipatory bail, joining the investigation and, where appropriate, applying to quash — rather than staying away.
This guide is written for people accused in a matrimonial criminal case. If you are experiencing cruelty, see Domestic Violence Act protection and abandoned by an NRI spouse.
The law
- Cruelty (BNS sections 85–86; IPC 498A for earlier offences): wilful conduct likely to drive a woman to suicide or cause grave injury, or harassment to coerce her or her relatives to meet unlawful demands for property.
- Dowry Prohibition Act, 1961 offences may be added.
- The offence is cognisable and non-bailable.
Arrest safeguards
The Supreme Court in Arnesh Kumar v. State of Bihar (2014) directed that police should not arrest automatically in such cases and must record reasons, issuing a notice of appearance where arrest is not necessary. These safeguards continue under the BNSS notice provisions (section 35). Ask your lawyer to rely on them.
Your options
- Get the FIR or complaint and understand the allegations against each family member named.
- Anticipatory bail before travelling to India. See anticipatory bail for NRIs.
- Join the investigation as directed, often by video or on a visit with protection.
- Quashing: the High Court can quash proceedings under section 528 BNSS (earlier section 482 CrPC) where allegations, taken at face value, do not disclose an offence, are vague and general against relatives, or are an abuse of process — or, in matrimonial disputes, where the parties have genuinely settled. See FIR quashing.
- Settlement: a comprehensive settlement covering divorce, maintenance and all cases, followed by quashing, is common.
- Defend at trial if the case proceeds.
Travel and passport
Pending matrimonial criminal cases can lead to Look Out Circulars, passport action or warrants if you do not cooperate. Check before travelling. See Look Out Circulars and travelling with a pending case.
What not to do
- Do not ignore summons or notices.
- Do not contact the complainant in ways that could be seen as intimidation.
- Do not file retaliatory complaints without legal advice.
Named in a matrimonial complaint?
Request a call back before any travel to India.
Related guides
- All NRI legal guides
- Handling a court case in India while living abroad
- An FIR has been filed against you
- NRI divorce and family law guide
References
- Bharatiya Nyaya Sanhita, 2023, sections 85–86; Indian Penal Code, 1860, section 498A (offences before 1 July 2024) — India Code
- Bharatiya Nagarik Suraksha Sanhita, 2023, sections 35, 482 and 528; Dowry Prohibition Act, 1961
- Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273; Gian Singh v. State of Punjab, (2012) 10 SCC 303
Last reviewed: November 2026.
The information provided is for general educational purposes only and does not constitute legal advice. Applicable laws and procedures may vary depending on the facts, jurisdiction, and circumstances of each matter. Consult a qualified legal professional before taking action.
, arrest safeguards, anticipatory bail, quashing on settlement, and travel concerns.){kind=link}