Strategic Defence Against False 498A IPC and 85 BNS Cases: By Advocate Sanjay Bishnoi
Facing a false allegation of cruelty or dowry harassment is a life-altering event. Under the new legal framework—the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS)—the landscape has changed. You must act strategically from Day 1 to protect your reputation and your family.
Quick Summary of Defense
- Immediate Shield: Secure protection from arrest through the new bail provisions.
- Strategic Strike: Use the High Court’s power to cancel (quash) fake FIRs.
- Evidence is King: Digital footprints and financial records are your best witnesses.
1. Secure Immediate Protection from Arrest
Under the new law, the police cannot automatically arrest you for a 498A/Section 85 case.
- Anticipatory Bail: Under Section 482 of BNSS (formerly 438 CrPC), you can apply for bail before any arrest happens.
- Mandatory Notice: According to Section 35 of BNSS (formerly 41A CrPC), the police are required to give you a “Notice of Appearance” rather than arresting you immediately for cases where the punishment is under seven years.
2. Quashing Malicious FIRs
If the complaint filed against you is clearly based on lies or lacks specific details (vague allegations), you don’t have to wait years for a trial.
- High Court Intervention: Your advocate can file a petition under Section 528 of BNSS (formerly 482 CrPC). If the court sees that the case is an abuse of the law, it can “quash” (cancel) the entire FIR immediately.
3. Building a Strong Evidence Portfolio
In the era of BNS, digital evidence holds significant weight. Start collecting:
- Digital Logs: WhatsApp chats, emails, and call recordings that prove the relationship was normal or show the complainant making threats.
- Financial Records: Bank statements showing you were providing for your spouse and that no dowry was ever demanded.
- Location Proof (Alibi): If an incident is alleged on a day you were at work or in another city, collect your office logs or travel tickets.
4. Key Law Comparisons (Quick Reference)
| Action | Old Law (IPC/CrPC) | New Law (BNS/BNSS) |
| Offense of Cruelty | Section 498A IPC | Section 85 BNS |
| Anticipatory Bail | Section 438 CrPC | Section 482 BNSS |
| Quashing of FIR | Section 482 CrPC | Section 528 BNSS |
| Notice of Appearance | Section 41A CrPC | Section 35 BNSS |
Conclusion
A skilled advocate doesn’t just fight a case; they dismantle the false narrative using the specific tools provided by the BNSS. By taking proactive steps early, you can ensure that justice is served and your rights are protected.
By: Adv. Sanjay Bishnoi
(LinkedIn Profile)Founder — Sanjay Bishnoi & Associates
District & Sessions Court, Sirsa & Fatehabad
Chambers 406 & 460, New Lawyers Chamber Complex, District and Sessions Court, Sirsa
For Location Click here Chamber No. 92, District and Sessions Court Fatehabad
M. 9728029009, 7419329009
