Is a 498A case bailable or non-bailable?

The offence of cruelty by a husband or his relatives, historically Section 498A IPC and now Section 85 BNS, is both cognisable and non-bailable. Two consequences follow:

• Cognisable: the police can register an FIR and investigate, and can arrest without prior court permission.
• Non-bailable: bail is not automatic. A court decides whether to grant it, considering the facts and the conduct of the parties.

Non-bailable does not mean bail is impossible. Because these cases often arise from matrimonial breakdown, courts are alert to exaggerated or omnibus allegations against an entire family. Anticipatory bail under Section 482 BNSS is the usual first step for an accused who fears arrest.

In practice at the Lucknow Bench, we see many 498A FIRs that name distant relatives with no specific role. Highlighting that lack of specific allegations, along with any prior settlement attempts, is often decisive at the bail stage.

Courts also expect the safeguards on arrest to be followed, including the preliminary inquiry and family welfare committee referrals that several High Courts have directed in matrimonial cruelty matters. Where they are ignored, that itself becomes a strong ground for bail or for quashing the proceedings. Early legal advice helps protect both your liberty and your defence.