Cruelty to a wife by her husband or his relatives is an offence under sections 85 and 86 of the Bharatiya Nyaya Sanhita 2023, which replaced section 498A IPC from 1 July 2024. It is cognizable and non-bailable, punishable with up to three years and fine. An NRI accused should verify the FIR and any Look Out Circular, seek anticipatory bail under section 482 BNSS (old section 438 CrPC) before travelling, cooperate with investigation, and, where allegations are vague or the dispute is settled, apply to quash under section 528 BNSS (old section 482 CrPC).
- Offence
- BNS 85 and 86 (old IPC 498A)
- Anticipatory bail
- BNSS 482 (old CrPC 438)
- Quashing
- BNSS 528 (old CrPC 482)
- Arrest safeguard
- Arnesh Kumar, 2014
First steps when you hear of a complaint
Complaints often start with a written complaint to the police or a women's cell, sometimes followed by mediation, before an FIR is registered. Other times the first news is a notice from the police or a message from family. Before you react, establish the facts:
- Has an FIR been registered, under which sections, and at which police station? FIRs can often be traced online in the state's police portal.
- Has the police issued a notice to appear, or has a court issued summons or a warrant?
- Has a Look Out Circular been opened, and has any request been made concerning your passport?
- Are there connected cases: maintenance, domestic violence, custody or divorce?
Do not contact the complainant in ways that could be read as threats or pressure, and do not post about the dispute online. Keep all messages and evidence of the marriage and separation; they matter later.
The law, and protection against automatic arrest
Section 85 of the BNS punishes a husband or his relative who subjects a woman to cruelty, defined in section 86 as wilful conduct likely to drive her to suicide or cause grave injury, or harassment to coerce her or her relatives to meet unlawful demands for property, typically dowry. Cases are often filed together with offences under the Dowry Prohibition Act 1961, and in serious cases with criminal intimidation or hurt.
In Arnesh Kumar v. State of Bihar (2014) the Supreme Court held that police must not arrest automatically in offences punishable with up to seven years, including 498A, and must first issue a notice of appearance (now under section 35 BNSS, formerly section 41A CrPC) unless arrest is genuinely necessary. Compliance with the notice is usually the most important protection, but the accused must be in India to comply. That is why anticipatory bail is normally sought before an NRI travels.
Anticipatory bail for an accused abroad
Anticipatory bail under section 482 BNSS (old section 438 CrPC) is sought from the Sessions Court or High Court. In Sushila Aggarwal v. State (NCT of Delhi) (2020) the Supreme Court held that it need not be limited to a fixed period and may continue until the end of trial, with conditions.
Courts have differed on whether a person physically outside India may apply. Many courts entertain such applications, sometimes granting interim protection on condition that the applicant travels to India and joins investigation by a fixed date; others prefer the applicant to be in India when the order is made. We plan around the practice of the specific court. Conditions often include surrendering a passport temporarily or seeking leave before leaving India, so clients need to discuss work and visa commitments with us in advance.
Relatives named in the FIR, such as parents and siblings in India, usually apply at the same time.
Look Out Circulars and passport risk
A Look Out Circular is issued under Ministry of Home Affairs guidelines at the request of an authorised officer, typically where an accused in a cognizable offence is evading arrest or not appearing. In matrimonial cases it is commonly opened when the accused is abroad and does not join investigation. The person subject to an LOC may be detained or stopped at an Indian airport. Passport authorities may also impound or refuse a passport under section 10(3) of the Passports Act 1967 where criminal proceedings are pending, although that applies to Indian passports; an OCI cardholder faces separate risks to the OCI registration if convicted.
| Problem | Typical remedy |
|---|---|
| LOC opened while you are abroad | Anticipatory bail and joining investigation, then an application to withdraw or suspend the LOC; writ petition in the High Court if it is unjustified |
| Passport impounded or not renewed | Application to the trial court for permission to travel, and appeal or writ against the passport order |
| Non-bailable warrant for non-appearance | Application through counsel to cancel the warrant, with an undertaking to appear |
For wider issues of LOCs and travel, see our page on criminal defence and Look Out Circulars.
Quashing the case
The High Court can quash an FIR or proceedings under section 528 BNSS (old section 482 CrPC) to prevent abuse of process. In matrimonial cases two grounds are common:
- Vague allegations against relatives. In Kahkashan Kausar v. State of Bihar (2022) the Supreme Court quashed proceedings against in-laws where the allegations were general and omnibus, without specific acts. Relatives living separately, or abroad, often benefit from this line of cases.
- Settlement. Although the offence is not compoundable, B.S. Joshi v. State of Haryana (2003) and later decisions allow High Courts to quash 498A proceedings where the parties have genuinely settled, typically alongside a mutual consent divorce and a maintenance settlement.
Quashing petitions are argued on the FIR and documents, so the accused abroad usually need not appear in person.
Mediation and a global settlement
Most matrimonial criminal cases end in settlement rather than judgment. Courts and police routinely refer parties to mediation centres, and a well-drafted settlement can resolve every proceeding at once: mutual consent divorce, permanent alimony, return of stridhan, custody and access, and withdrawal or quashing of the criminal case. For a spouse abroad, sequencing is important. Payments are usually staged against court milestones, such as the first motion, the second motion and the quashing order, so that neither side is left exposed if the other withdraws. Each step can usually be completed by video and through an attorney holder, with one well-planned visit to India where a court insists on personal presence.
If the case goes to trial
After investigation the police may file a final report closing the case or a charge-sheet. If charges are framed, the trial takes place before a Magistrate. An accused living abroad can apply for exemption from personal appearance on most dates, appearing through counsel, but must attend at stages such as framing of charge and examination, unless the court permits video. Plan for a trial that may take years, and keep the court informed of your address abroad.
Fees and how we work
We quote separately for checking the FIR and LOC status, anticipatory bail, quashing and trial, so that you pay only for what is needed. Meetings take place by video in your time zone, documents are signed abroad with apostille or at the Indian mission, and family members in India are briefed directly.
Documents you need
Send whatever you have. If you do not have the FIR, we can usually obtain it.
- Copy of the complaint or FIR, or the police station and date
- Any police notice, summons or warrant
- Passport, OCI card and visa details of each accused
- Marriage certificate and evidence of the date of separation
- Messages, emails and financial records relevant to the allegations
- Details of connected cases: maintenance, DV, divorce or custody
- Travel plans and work commitments
- Power of attorney or vakalatnama signed abroad
How we handle it for you
Status check
We find the FIR, any warrant and any Look Out Circular before anyone travels.
Protection
Anticipatory bail for you and named relatives, timed with your travel.
Investigation
Joining investigation with counsel, and answering the police notice.
Quashing or settlement
Petition to quash vague allegations, or a global settlement with divorce.
Trial support
Exemptions, video appearances and defence at trial if the case continues.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
Advocates who appear in Indian courtsYour case is drafted and argued by enrolled advocates in India.
Written fee quote firstScope and fees confirmed in writing before any work starts.
Updates after every stepScans of every filing and order on WhatsApp and email.
Frequently asked questions
Can I be arrested at the airport for a 498A case?
If a Look Out Circular is open, you may be detained on arrival. Check the status and obtain protection before travelling.
Can I apply for anticipatory bail while abroad?
Many courts entertain it, sometimes with conditions to travel and join investigation. Practice differs between courts.
Is 498A still the law?
The offence now sits in sections 85 and 86 of the Bharatiya Nyaya Sanhita, effective 1 July 2024. Older cases continue under the IPC.
Can a 498A case be quashed after settlement?
Yes. High Courts can quash it under section 528 BNSS where the parties have genuinely settled.
My parents are named too. What can they do?
They can seek anticipatory bail, and quashing if the allegations against them are general and vague.
Will my passport be impounded?
It can happen while proceedings are pending. Courts often allow travel with permission and conditions.
Do I have to attend every trial date?
No. Courts commonly grant exemption, but you must attend when specifically required.
Does a 498A case affect my visa abroad?
It may need to be disclosed in some immigration forms. Take advice in that country as well.