Understanding Section 498A IPC / Section 85 BNS

Earlier Law: Section 498A of the IPC (Indian Penal Code) made cruelty by husband or his relatives a cognizable and non-bailable offence.
Current Provision: Under the new Bharatiya Nyaya Sanhita (BNS), Section 85 retains the same essence but is placed within the new legal framework that replaced the IPC from July 2024 onwards.

Definition:
“Whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment and fine.”

Cruelty includes:

• Physical or mental harassment

• Coercion or demand for dowry

• Conduct likely to drive the woman to suicide or grave mental distress

Jurisdiction in Jaipur for 498A / 85 BNS Cases

In Jaipur, 498A or 85 BNS cases are generally registered and processed through the following authorities:

1. Local Police Stations in Jaipur – such as Mahila Thana (Women’s Police Station), Jaipur Commissionerate, where complaints of domestic cruelty or dowry harassment are first lodged.

2. Crime Against Women (CAW) Cell / Mahila Suraksha Cell, Jaipur – which handles mediation and pre-litigation inquiry before formal FIR registration in many cases.

3. Family Court, Jaipur (Lal Kothi, Near Tonk Road) – for parallel matrimonial proceedings such as divorce, maintenance, child custody, etc.

4. District and Sessions Court, Jaipur Metropolitan-I and II – for criminal proceedings under Section 85 BNS.

5. High Court of Rajasthan, Jaipur Bench – for quashing of false FIRs under Section 482 CrPC or for anticipatory bail matters.

Our Legal Services in 498A / 85 BNS Matters

At Divorce Advocate Jaipur, we handle both sides of 498A cases with balanced expertise.

For Accused Husband and Family Members:

• Drafting and filing Anticipatory Bail Applications before Sessions Court or Rajasthan High Court, Jaipur.

• Legal representation in FIR and criminal trial proceedings.

• Quashing of false FIRs under Section 482 CrPC before Rajasthan High Court.

• Advising on strategic defence, including evidence collection, witness handling, and cross-examination.

• Representation before Mahila Thana and CAW Cell Jaipur during inquiry or mediation.

• Parallel assistance in divorce, maintenance, or child custody cases before Jaipur Family Court.

For Women Victims of Cruelty:

• Assistance in filing complaints or FIRs under Section 85 BNS at Mahila Thana, Jaipur.

• Drafting Dowry Harassment Complaints and Domestic Violence Applications under the Protection of Women from Domestic Violence Act, 2005.

• Representing victims in Family Court Jaipur for maintenance, custody, and protection orders.

• Coordinating with police authorities and ensuring effective investigation and charge-sheet filing.

Stages of 498A / 85 BNS Proceedings in Jaipur

1. Complaint or FIR:
   The aggrieved woman may approach Mahila Thana Jaipur or the CAW Cell. After inquiry, an FIR under Section 85 BNS may be registered.

2. Bail Proceedings:
   The accused may apply for anticipatory bail before Jaipur Metropolitan Court or the Rajasthan High Court (Jaipur Bench).

3. Police Investigation:
   Police record statements, collect evidence, and file a charge-sheet before the Magistrate Court.

4. Trial Proceedings:
   The case proceeds before Metropolitan Magistrate Courts in Jaipur, where evidence is presented and witnesses are examined.

5. Appeal or Revision:
   Orders can be challenged before Sessions Court or High Court, Jaipur Bench, depending on the nature of the order.

Strategic Legal Approach at Divorce Advocate Jaipur

We follow a balanced, realistic, and result-oriented approach:

• Early evaluation of facts to prevent misuse of law.

• Legal counselling to reduce unnecessary criminal litigation through negotiation or settlement.

• Coordination between criminal and matrimonial proceedings for better outcomes.

• Maintaining confidentiality and dignity of both parties.

Why Choose Divorce Advocate Jaipur?

• 45+ years of combined legal experience in matrimonial and criminal law.

• Expertise in Family Court Jaipur and Sessions Court practice.

• In-depth understanding of BNS, CrPC, and Domestic Violence Act provisions.

• Professional handling of cross-jurisdictional cases, including NRI or outstation matters.

• Transparent fee structure and personalized legal guidance.

Areas We Serve

Our lawyers handle 498A / 85 BNS cases across:

• Jaipur District, Jaipur (Rural), and Jaipur Metropolitan areas.

• Nearby jurisdictions such as Dausa, Sikar, Ajmer, Tonk, and Alwar.

• Police stations under Jaipur Commissionerate, including Mahila Thana, Mansarovar, Vaishali Nagar, Vidhyadhar Nagar, Shyam Nagar, and Jawahar Circle.

Book a Consultation

If you or your family are involved in a 498A IPC / 85 BNS case in Jaipur, contact us for professional legal advice and strong representation.

Office: 109, First Floor, Fortune Heights, Ahinsa Circle, C-Scheme, Jaipur – 302001, Near Family Court, Jaipur
Call/WhatsApp: +91-7300056080
Email: divorceadvocatejaipur@gmail.com

At Divorce Advocate Jaipur, we stand by you at every step — from FIR to final acquittal or justice.
Your trust, dignity, and legal protection are our top priorities.