If you are facing dowry harassment, you have multiple legal remedies: file an FIR under Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 for cruelty by husband or relatives (punishable with up to 3 years imprisonment); file under the Dowry Prohibition Act, 1961 against anyone demanding dowry (up to 5 years imprisonment); and seek protection, maintenance, and compensation under the Protection of Women from Domestic Violence Act, 2005. You can use all three remedies simultaneously — they are independent of each other.
Why this matters
Despite being illegal since 1961, dowry demands remain pervasive across India. The National Crime Records Bureau data shows that thousands of women die every year in dowry-related incidents, and hundreds of thousands more suffer physical, emotional, and economic abuse. Dowry harassment can take many forms — from persistent demands for cash and gifts to physical violence, emotional abuse, and threat of divorce or abandonment. The law provides strong protections, but many women do not use them because they are unaware of the full range of remedies available or fear family and social consequences. Understanding all your legal options gives you the power to choose the response that best fits your situation.
What constitutes dowry harassment under Indian law
Demanding dowry
Under the Dowry Prohibition Act, 1961, demanding dowry — whether before, at, or after the marriage — is a criminal offence punishable with imprisonment of not less than 6 months (extendable to 2 years) and a fine of up to Rs 10,000 or the value of the dowry demanded, whichever is higher (Section 4). Both giving and taking dowry is an offence (Sections 3 and 4).
"Dowry" is defined as any property or valuable security given or agreed to be given, directly or indirectly, by one party to the marriage to the other party, in connection with the marriage (Section 2). This includes cash, gold, vehicles, electronics, property — anything given as a condition or expectation linked to the marriage.
Cruelty by husband or relatives (Section 85 BNS)
Section 85 of the BNS (which replaced Section 498A IPC) addresses cruelty by the husband or his relatives. Cruelty includes:
- Any wilful conduct that is likely to drive the woman to commit suicide or cause grave injury to her life, limb, or health (mental or physical)
- Harassment of the woman with a view to coercing her or her relatives to meet any unlawful demand for property or valuable security
This is a cognizable and non-bailable offence, punishable with imprisonment of up to 3 years and fine.
Dowry death (Section 80 BNS)
If a woman dies within 7 years of marriage in abnormal circumstances, and it is shown that she was subjected to cruelty or harassment in connection with dowry demands, it is presumed to be a "dowry death" under Section 80 BNS (replacing Section 304B IPC). The punishment is imprisonment of not less than 7 years, extendable to imprisonment for life.
Important: The Supreme Court in Arnesh Kumar v. State of Bihar (2014) directed that arrests under Section 498A (now Section 85 BNS) should not be automatic. The police must follow certain guidelines before making an arrest. However, this does not diminish the seriousness of the offence or your right to file a case — it only means the arrest process requires due diligence.
Your legal options — three parallel remedies
Option 1: Criminal case under BNS Section 85 (Cruelty)
What it does: Punishes the husband and his relatives for cruelty related to dowry demands.
How to file: File an FIR at the nearest police station. The police will investigate, and if evidence is found, a chargesheet is filed before the Magistrate.
Who can be named: Your husband and any relative of your husband who participated in the harassment — mother-in-law, father-in-law, brother-in-law, sister-in-law.
Punishment: Up to 3 years imprisonment and fine.
Option 2: Case under the Dowry Prohibition Act
What it does: Punishes anyone who demands, gives, or takes dowry.
How to file: File a complaint with the police or the Dowry Prohibition Officer appointed in your district.
Punishment: Giving or taking dowry — minimum 5 years imprisonment and fine of Rs 15,000 or the value of the dowry, whichever is more. Demanding dowry — minimum 6 months, up to 2 years and fine of Rs 10,000.
Option 3: Protection and maintenance under the DV Act
What it does: Provides immediate protection orders, residence rights, monetary relief, and custody of children — without requiring a criminal case.
How to file: Through the Protection Officer, a Service Provider (NGO), or directly before the Magistrate. See our separate guide on how to get a protection order.
Key advantages: Faster relief (interim orders on the first hearing), does not require criminal prosecution, and provides comprehensive civil remedies including maintenance and compensation.
Step-by-step: What to do if you face dowry harassment
Step 1: Ensure your safety first
If you are in physical danger, call 112 (emergency) or 181 (Women Helpline) immediately. If you need to leave the home, go to a relative, friend, or the nearest One Stop Centre (Sakhi Centre) for shelter.
Step 2: Document the harassment
Keep a record of every demand and every instance of harassment:
- Text messages, WhatsApp messages, and emails where dowry is demanded
- Voice recordings (if legally possible in your state) of conversations about dowry
- Photographs of injuries or damaged property
- Receipts or proofs of items already given as dowry
- Names of witnesses — neighbours, friends, or relatives who can corroborate
- Medical reports if you have been physically hurt
Step 3: File an FIR
Go to the nearest police station with your evidence. File the FIR under Section 85 BNS (cruelty) and/or the Dowry Prohibition Act. Name all persons involved — husband and in-laws. If the police refuse, call 181 or approach the SP.
Step 4: Apply for a protection order
Simultaneously file for a protection order under the DV Act through the Protection Officer. Request an ex parte interim order if you are in immediate danger. The protection order can restrain your husband and in-laws from contacting you, committing violence, or disposing of shared assets.
Step 5: Claim maintenance and stridhan
Under the DV Act, you are entitled to monetary relief including maintenance for yourself and your children. You are also entitled to the return of your "stridhan" — all gifts, jewellery, and property given to you before, at, or after the marriage. Stridhan is your absolute property and cannot be retained by your husband or in-laws.
Step 6: Consider your long-term options
You have multiple paths: continue in the marriage with legal protection, seek a mutual consent divorce, file for judicial separation, or contest a divorce if your husband files one. In any divorce proceeding, the dowry harassment evidence strengthens your claim for maintenance and property division.
What if things go wrong
If your husband or in-laws threaten you for filing a case
Report every threat to the police and the court. Threats after filing a case constitute separate offences (criminal intimidation under Section 351 BNS) and also demonstrate ongoing cruelty. Apply for enhanced police protection.
If you are thrown out of the matrimonial home
You have the right to reside in the shared household under Section 17 of the DV Act. File an emergency application for a residence order and the court can direct your husband to provide alternative accommodation at his cost. You can also seek shelter at a government Shelter Home — call 181.
If your family pressures you to withdraw the case
The decision is yours alone. No family member, community elder, or panchayat can force you to withdraw a criminal case. If you are being pressured, speak to a lawyer (NALSA helpline 15100 for free legal aid) and the court before making any decision.
If the case is filed under both BNS and DV Act simultaneously
This is perfectly legal. The criminal case (BNS Section 85) and the civil case (DV Act) are independent proceedings that can run in parallel. One does not preclude the other. Many lawyers recommend pursuing both for maximum protection.
Documents and resources you need
- Evidence of dowry demands — messages, receipts, witness statements
- Medical reports — if physically injured
- Marriage certificate — proof of marriage
- List of stridhan items — jewellery, gifts, property given to you
- Emergency number: 112
- Women Helpline: 181 (24/7)
- Women in Distress: 1091
- National Commission for Women: ncw.nic.in or 7827-170-170
- NALSA helpline: 15100 (free legal aid)
- One Stop Centre: Call 181 for nearest Sakhi Centre
Common myths
Myth: Filing a dowry case means your marriage is over. Reality: Filing for protection under the DV Act does not end the marriage — it provides safety within or outside it. Even filing a criminal FIR does not automatically lead to divorce. Many cases are resolved through mediation and settlement, with the marriage continuing under changed terms.
Myth: Only physical violence counts as dowry harassment. Reality: Emotional abuse, verbal abuse, economic deprivation, isolation, and persistent demands for money or property all constitute cruelty under Section 85 BNS and domestic violence under the DV Act. You do not need to show physical injuries.
Myth: If you gave dowry voluntarily, you cannot complain later. Reality: Both giving and demanding dowry is illegal. Even if your family gave items "willingly" (often under social pressure), the demand itself was illegal. Moreover, if your husband or in-laws harass you for additional demands after marriage, it is independently actionable.
Myth: Dowry cases are always misused — courts will not believe you. Reality: While the Supreme Court has cautioned against misuse, courts continue to convict in genuine cases. The key is evidence — document everything. Genuine cases with evidence succeed; vague allegations without evidence face scrutiny. This applies to all criminal cases, not just dowry cases.
The law behind this
| Provision | Section | Punishment |
|---|---|---|
| Cruelty by husband/relatives | Section 85, BNS 2023 | Up to 3 years + fine |
| Dowry death | Section 80, BNS 2023 | Min 7 years to life imprisonment |
| Taking or giving dowry | Section 3, Dowry Prohibition Act | Min 5 years + fine |
| Demanding dowry | Section 4, Dowry Prohibition Act | 6 months to 2 years + fine |
| Protection order | Section 18, DV Act 2005 | Civil remedy; breach = 1 year imprisonment |
| Residence order | Section 19, DV Act 2005 | Right to shared household |
| Monetary relief | Section 20, DV Act 2005 | Maintenance + compensation |
| Stridhan recovery | Personal law + DV Act | Absolute right of the woman |
Frequently asked questions
Can I file a dowry case after divorce? Yes. There is no bar on filing a criminal case for dowry harassment after divorce. However, it is advisable to file as soon as possible while evidence is fresh. For cases under BNS Section 85, the general limitation for cognizable offences applies.
What is the difference between Section 85 BNS and the DV Act? Section 85 BNS is a criminal provision — it leads to arrest, prosecution, and imprisonment. The DV Act is primarily civil — it leads to protection orders, maintenance, and compensation. You can use both. The DV Act is faster for immediate relief; the criminal case provides deterrence through the threat of imprisonment.
Can my parents file the case on my behalf? Yes. Your parents, siblings, or any relative can file the FIR and the DV Act application on your behalf, especially if you are unable to do so due to physical or emotional distress. Under the DV Act, even a third party can file with the court's permission.
Will I get maintenance during the case? Yes. Under the DV Act, you can seek interim maintenance from the very first hearing. Under Section 144 BNSS (maintenance of wives), you can separately file for maintenance before the Magistrate. The amount depends on the husband's income and your needs.