A deep exposé on how India’s 498A IPC and its new BNS versions (Sections 85 & 86) are being weaponized against NRI men. Learn how a law meant to protect women has turned into a global legal nightmare for Indian husbands abroad.
Section 498A IPC: The Law That Changed Indian Marriages Forever
Section 498A of the Indian Penal Code (IPC) was heralded as a historic safeguard for women who were subjected to cruelty and abuse related to dowries when it was first introduced in 1983. However, it has also become one of India’s most contentious and abused laws over time, particularly affecting NRI husbands and their families.
Section 498A IPC states: “Whoever, being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” In simple terms, it criminalizes cruelty by a husband or his relatives towards a wife.
What Is ‘Cruelty’ Under 498A?
Both physical and mental harassment are covered by the law’s broad definition of cruelty, which includes:
- Cruelty, either physical or mental: Any act that drives a woman to suicide, or causes grave injury to her life, limb, or mental health.
- Dowry-Related Harassment: Any harassment with a demand for money, property, or valuable security from the woman or her family.
This wide definition was meant to protect women but it has also made it easy to misuse against men and their entire families.
Nature of the Offence:
Cognizable – Police can arrest without a warrant
Non-bailable – Bail is not automatic; must be granted by a court
Non-compoundable – The case cannot be withdrawn once filed (except by court permission)
Applicable to:
Husband and any of his relatives.
The Effects of Section 498A on NRI Men (Now Replaced by Sections 85 & 86 BNS)
Many NRI men had found themselves facing legal ambushes — cases filed in India while they were thousands of miles away, often with little time to respond. Once a complaint under Section 498A IPC was lodged, the legal machinery moved swiftly, usually before any real verification of facts.
For NRIs, this triggered Look-Out Circulars, passport impoundment, and even Interpol notices — often before they were ever heard in court. Section 498A had cross-border ramifications for non-resident Indian husbands that extended well beyond Indian territory.
Typical Outcomes Under 498A
- Instant FIRs: Even if the husband lived overseas, a complaint could still be filed in India.
- Arrest Warrants: To halt travel, courts issued Look-Out Circulars or Non-Bailable Warrants (NBWs).
- Family Dragged In: Without supporting documentation, elderly parents, siblings, or even distant relatives were often named in complaints.
- Property Attachment: During investigations, assets in India were sometimes frozen or seized.
- Social Damage: Reputations were destroyed overnight — long before any guilt was proven.
Intent vs. Reality
Section 498A had originally been created to protect women from cruelty and dowry harassment. However, over the years, its noble intent often clashed with harsh realities. Many cases turned into tools of extortion, revenge, or emotional pressure, leaving countless innocent men and families fighting to prove their innocence in a system that presumed their guilt.
Sections 85 & 86 BNS: The New Avatars of 498A IPC
The Bharatiya Nyaya Sanhita (BNS), 2023, formally went into effect in July 2024, replacing the Indian Penal Code (IPC), which was enacted during the colonial era. Although the goal of this reform was to create a “modernised criminal code,” many of the provisions have only been renumbered and reworded.
Although it now appears under Sections 85 and 86 of the BNS, with nearly the same teeth and the same potential for abuse, the ghost of Section 498A IPC still haunts NRI men.
Section 85 BNS: Cruelty by Husband or His Relatives
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
BNSS Classification
- Triable by Magistrate of the first class
- Imprisonment for 3 years and fine.
- Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.
- Non-bailable
Section 86 BNS: Cruelty defined
Section 86 BNS (Previously Section 498A IPC) deals with cruelty against a woman by her husband or the relatives of her husband.
It has replaced Section 498A of the Indian Penal Code (IPC) while retaining its primary objective of protecting married women from domestic abuse and unlawful demands.
Under Section 86 of Bharatiya Nyaya Sanhita 2023 cruelty includes wilful conduct that may drive a woman to commit suicide, cause grave injury to her physical or mental health or harassment to compel her or her family to meet unlawful demands for property or valuable security.
What is Section 86 BNS?
Cruelty Defined
For the purposes of section 85, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand
Judicial Reality: Even the Courts Know
The Indian Supreme Court has acknowledged misuse on numerous occasions: “A large number of such complaints are not bona fide and are filed with oblique motives.” – Preeti Gupta v. State of Jharkhand (2010).
“It has become a matter of serious concern that a law meant to protect women is being used as a weapon rather than a shield.” – Sushil Kumar Sharma v. Union of India (2005)
However, the BNS has essentially rebranded 498A rather than changing or balancing the law, guaranteeing that men, especially NRIs, will still have to deal with the same unfair system under a different name.
The BNS’s Sections 85 and 86 are a continuation of 498A disguised as reforms. The message is clear for NRI men: Different number. Same danger. Greater reach.
False / Misuse Cases Against Men in India (Section 498A & Related) Estimates Till 2025
| Year / Period | Total 498A / Cruelty Cases Registered | Estimated False or Misuse Cases | Conviction Rate | Key Observations |
|---|---|---|---|---|
| 2016 | ~110,000 | ~6,700 | ~12% | Rising awareness of misuse; multiple petitions filed across states. |
| 2018 | ~104,000 | ~13,000 | 13% | NCRB data shows high acquittal and withdrawal rates. |
| 2020 | 1,11,549 | ~21,000 (false or closed due to lack of evidence) | 11–12% | Around one-fifth of registered cases found baseless or withdrawn. |
| 2021 | ~1,09,000 | ~20,000 | 11% | Majority of accused acquitted or cases pending; misuse discussions peaked. |
| 2022 | ~1,07,500 | ~19,000 | 10–11% | Courts emphasize need for pre-arrest scrutiny under 498A. |
| 2023 | ~1,10,000 | ~22,000 | ~10% | Conviction rate continues to fall; pending cases exceed 90%. |
| 2024 | ~1,12,000 | ~24,000 | 9–10% | Misuse debate reignited under new BNS laws (Sections 85 & 86). |
| 2025 | ~1,15,000 | ~25,000+ | 9% | Law rebranded under BNS, but misuse trend persists; NRI men increasingly targeted. |
Weaponizing the Law: How 498A and BNS Are Misused to Target NRI Husbands
Section 498A of the Indian Penal Code was created in 1983 with the intention of serving as a legal weapon and shield against actual cruelty and dowry abuse. However, forty years later, it has become a sword for innumerable Non-Resident Indian (NRI) husbands sharp, unrestrained, and incredibly simple to abuse.
Fairness and balance were intended to be introduced by the new Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS). Rather, they have perpetuated the same shortcomings that have made 498A one of India’s most abused criminal provisions, albeit with a more contemporary name and a wider application.
How the Trap Is Set?: The Pattern Most NRI Men Don’t See Coming
Stage 1: The Domestic Rift
Disagreements, emotional distance, or arguments about moving, money, or in-laws are frequently the first signs. Some wives (or their families) start preparing a legal strategy not a reconciliation when an NRI marriage starts to deteriorate. These plans are frequently suggested by “consultants” or local advocates who specialise in 498A cases.
Stage 2: Sudden FIR in India
Section 498A/85 BNS allows for the filing of a First Information Report (FIR) in India, even if the husband is overseas. Because the wife’s allegations of “mental cruelty” or “dowry harassment” are cognisable and not subject to bail, the police file a case right away. There’s often no preliminary investigation the mere statement of the wife is enough to trigger criminal machinery.
Stage 3: The Family Gets Dragged In
The FIR names brothers, sisters, elderly parents, and even distant relatives who are not married. Relatives who reside in different cities or nations are frequently arrested without any supporting documentation. Despite the Supreme Court’s repeated condemnations, there is no real check on this.
Stage 4: The Arrest Threat
Police may issue Look-Out Circulars (LOCs) or Non-Bailable Warrants (NBWs) following the registration of a formal complaint. This means that before their guilt is established, NRIs may be arrested at airports, have their passports cancelled, or receive Interpol Red Corner notices. Sometimes men don’t find out about the FIR until their travel plans or bank accounts are blocked.
Stage 5: Financial Leverage
The “negotiation phase” follows the FIR There is increasing pressure to reach a large financial settlement, not as justice but as a ransom for peace. Many NRI men consent to one-sided settlements in order to preserve their freedom and reputation overseas because they are afraid of criminal proceedings in India.
Why 498A and BNS Are So Easily Misused
A broad definition of cruelty is anything that “hurts feelings” or results in “mental harassment,” as these actions may be construed as crimes.
Automatic Arrest Powers: Although the Supreme Court ordered police not to make automatic arrests in Arnesh Kumar v. State of Bihar, 2014, this is rarely followed, particularly when the complainant is in India and the accused abroad.
Presumption of Guilt: In reality, the law begins with the presumption that the woman is correct, and the man must establish his innocence, frequently abroad.
Slow Judicial Process: Cases drag on for years after the FIR is filed. The punishment is the delay itself. If the man is acquitted at all, it will have destroyed families, careers, and mental health.
The NRI Nightmare: A Global Reach of a Local Complaint
International Arrest Warrants: Indian courts have the authority to ask Interpol for extradition.
Immigration and Visa Issues: Prolonged criminal proceedings may prevent foreign permanent residency or visa renewals.
Professional Damage: When employers find out that an NRI is being charged with a crime in India, many of them quit their jobs or face disciplinary action.
Travel Restrictions: At immigration counters, even a trip to India may result in an arrest.
All of this is possible if there is only a single accusation and no trial or conviction.
What the Judiciary Itself Admits
Even India’s highest court has repeatedly accepted that 498A has been grossly misused:
“The simplest way to harass is to get the husband and his relatives arrested.” – Sushil Kumar Sharma v. Union of India (2005)
“It is a matter of common knowledge that exaggerated versions of incidents are reflected in a large number of complaints.” – Preeti Gupta v. State of Jharkhand (2010)
“Arrest brings humiliation, curtails freedom, and casts scars forever. Police officers must be careful before arresting under Section 498A.” – Arnesh Kumar v. State of Bihar (2014)
The warning is clear for NRI men: One phone call in India can destroy your life abroad.
Knowing your rights, acting early, and preparing legally before a crisis hits isn’t just smart – it’s survival.
The warning is clear for NRI men: One phone call in India can destroy your life abroad.
Knowing your rights, acting early, and preparing legally before a crisis hits isn’t just smart – it’s survival.
How NRI Men Can Legally Protect Themselves: Safeguards, Strategies, and Smart Moves Against 498A & BNS Traps
Damages may start even before the first court date if a man is charged under Section 498A IPC or its new equivalents, Sections 85 and 86 BNS. Therefore, the only effective weapons an NRI husband can use are preparation and prevention.
NRIs have to cope with distance, delays, and diplomatic red tape in contrast to India, where one can walk into a lawyer’s office overnight. They also run the risk of being arrested, humiliated, and having their emotions destroyed. Before, during, and after a case is filed, this section outlines realistic tactics and useful legal protections that every NRI man needs to be aware of.
Before Trouble Starts: Prevention Is the First Line of Défense
Keep your records up to date as if they were essential. Keep all marriage-related documents safe, including travel tickets, chat logs, wedding invitations, and pictures. Save all of your financial records, including joint investments, bank transfers, and property information.
Keep a record of every digital exchange you have with your spouse, including emails, calls, and WhatsApp messages. These are defence exhibits in case something goes wrong, not just memories.
Record All Major Financial Transactions
Mention the reason (household, education, etc.) in messages or transfer notes if you are sending money to your spouse or her family. Steer clear of large cash transfers and instead opt for traceable ones. Steer clear of signing blank checks or “joint loans” without supporting documentation as these could be misrepresented as dowry in the future.
Stay Legally Updated
Even when they are overseas, many NRIs are not aware that they can file a FIR in India. Consult a reputable Indian attorney on a regular basis to see if you have any police complaints or court summonses against you. Don’t wait for the complaint to blow up before discreetly speaking with a legal expert if your marriage is in trouble.
When an FIR or Complaint Is Filed?
Designate an Indian Power of Attorney (PoA) Holder or Give a trusted family member or attorney power of attorney to act on your behalf right away. They can handle paperwork while you’re away, appear before the police, and submit applications for anticipatory bail.
Apply for Anticipatory Bail Immediately
Police have the right to make an arrest without a warrant once a FIR under 498A/85 BNS is filed. To keep you and your family members from being arrested, apply for anticipatory bail (Section 438 CrPC) through your advocate. Since courts now recognise that 498A can be abused, bail is increasingly granted when supported by the appropriate paperwork.
Use Digital Evidence Smartly
Gather any proof of affectionate messages, family vacations, presents, or medical records attesting to the absence of abuse. Present these at bail hearings to demonstrate that the marriage was non-abusive; this frequently undermines the prosecution’s initial argument.
Do Not Panic or Contact the Complainant Directly
Any message, even if emotional, can be misinterpreted as “threat” or “pressure.” Always communicate only through your lawyer once the case begins.
Throughout the Case: Strategic Legal Actions
Engage an Experienced Family or Criminal Lawyer. Many men make the mistake of hiring a local lawyer unfamiliar with NRI procedures. Choose someone skilled in both 498A litigation and international law coordination including passport, LOC, and visa implications.
File Counter-Cases When Necessary
If the accusations are false, men can file:
Section 340 CrPC: for perjury (false statements under oath).
Section 120B IPC / 211 IPC: for criminal conspiracy and false accusation.
Defamation (Section 499 IPC): if reputation damage is evident.
Consider Mediation – But Only Cautiously
Mediation can end long battles, but it often turns into financial blackmail. Go for it only if your lawyer is present and terms are legally recorded. Never sign “settlements” that include open-ended clauses like “all future disputes resolved.”
Prenuptial Agreements
While not fully enforceable in India, a properly notarized prenup abroad can be a persuasive document in Indian courts. It helps demonstrate financial transparency and mutual consent — especially if allegations later arise.
For Men Already Facing False Cases
If you’re already in the legal fire:
- Gather all digital and paper proof of innocence.
- File a quashing petition (Sec. 482 CrPC) in the High Court if evidence of misuse is clear.
- Avoid media interaction or social media posts about your case — they can backfire legally.
- Stay patient – acquittal rates in false 498A cases are rising, and courts are increasingly sympathetic toward victims of legal misuse.
For NRI men, 498A and its new BNS twins (85 & 86) are not just laws they are ticking traps that can detonate anytime. But awareness, documentation, and the right legal strategy can turn that trap into Armor. “The law may not always protect the innocent, but preparation always does.” Every NRI man must treat legal literacy as self-defence because in today’s India, ignorance isn’t just risky, it’s ruinous.
Conclusion: When Protection Becomes Persecution — The Unspoken Truth of 498A and BNS for NRI Men
What started out as a shield for women’s dignity has subtly changed into a sword that hangs over the heads of defenceless men, particularly those who are overseas. The purpose of Section 498A IPC which is now reflected in Sections 85 and 86 of the Bharatiya Nyaya Sanhita—was to prevent cruelty. However, cruelty itself discovered a new cover along the way, appearing in the form of fabricated accusations, emotional blackmail, and legal manipulation.
Thousands of NRI men are brought before Indian courts each year, their reputations damaged, their careers ruined, and their passports confiscated—not because they were guilty, but because they were accused. Furthermore, accusations are sufficient in the eyes of society. 498A assumes rather than merely punishes. It deprives men of protection in addition to protecting women.
Justice is not the only thing it produces; it also produces fear, fear of marriage, fear of trust, and fear of the very institution it was designed to protect. The misuse has begun to be recognised by the Indian judiciary. The Supreme Court has called it “legal terrorism.” Reforms, however, proceed more slowly than the harm being done. Men are still being arrested based on angry words and screenshots from WhatsApp even as laws change.
The conversation needs to change. It’s time for the law to protect both sexes rather than punish one in order to give the other more power. It’s time for society to realise that men can also become victims, albeit not from fists but from lies. “Equality until a woman complains” cannot be interpreted as “equality before the law.” Every NRI man needs to educate himself, get ready, and fight until that balance is restored not out of hatred, but out of survival. The truth rarely speaks for itself in the courtroom of emotions; you have to make it heard.
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