Divorce Published & Fact-Checked 1 Sept 2026

Can a husband or his family members be arrested immediately upon filing of a 498A complaint?

No. Following the Supreme Court rulings in Arnesh Kumar and Social Action Forum, police cannot make automatic arrests under Section 85 BNS (498A IPC). Police must issue a Section 35(3) BNSS notice, conduct preliminary enquiry, and explore family counseling before arresting.

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