---
title: "Supreme Court Expands IPC 498A Domestic Cruelty Protections to Live-in Partners"
url: https://projectchintan.com/article/supreme-court-live-in-relationship-domestic-cruelty-ipc-498a-fgrcq
publisher: Project Chintan
author: Project Chintan Newsroom
section: India
published: 2026-08-08T06:39:35.000Z
modified: 2026-08-08T09:18:52.034Z
language: en-IN
---

# Supreme Court Expands IPC 498A Domestic Cruelty Protections to Live-in Partners

India's highest court has ruled that women in certain live-in relationships can invoke criminal laws against domestic cruelty. The decision clarifies that legal marriage is not a prerequisite for seeking justice under statutes formerly categorized as Section 498A.

## Key takeaways

- Section 498A of the IPC (now BNS Section 85) applies to live-in relationships that mirror the nature of marriage.
- A woman must prove the intent to marry and the marriage-like nature of the bond to invoke criminal cruelty charges.
- The Supreme Court ruled that civil remedies under the DV Act do not replace the need for criminal deterrence in cases of severe cruelty.

## The Judicial Interpretation of Marriage-like Bonds

In the case of Dr Lokesh B.H. & Ors v. State of Karnataka & Anr, decided on August 3, 2026, the Supreme Court of India addressed whether criminal liability for domestic cruelty applies outside formal marriage. The appellant sought to quash proceedings, arguing that Section 498A of the Indian Penal Code (IPC)—now Section 85 of the Bharatiya Nyaya Sanhita (BNS)—only applies to legally wedded husbands and their relatives. Justices Sanjay Karol and Nongmeikapam Kotiswar Singh rejected this narrow definition.

The Bench determined that the law must advance its primary objective: the prevention of domestic cruelty. The court held that shielding only legally married women would defeat the reformative mandate of the penal code. Therefore, protection extends to relationships "in the nature of marriage," provided specific legal criteria are met.

## Defining Criminal Liability vs. Civil Remedy

The court distinguished between the Protection of Women from Domestic Violence Act (DV Act), 2005, and Section 498A of the IPC. While the DV Act offers comprehensive welfare and civil remedies for various forms of violence, the court noted it primarily carries monetary and civil consequences. In contrast, Section 498A serves as a criminal deterrent, carrying potential imprisonment of up to three years and fines.

Relying on the precedent set in Indra Sarma v. V.K.V. Sarma (2013), the court noted that while live-in relationships between consenting adults are not offenses, the DV Act alone does not offer the same force of law as penal provisions. The justices remarked that denying criminal protection based solely on the absence of a marriage certificate would disregard an individual's dignity and personal liberty.

## Key Facts

- Section 498A of the IPC has been replaced by Section 85 of the Bharatiya Nyaya Sanhita (BNS).
- Criminal protection is now accessible to live-in partners if the relationship is 'in the nature of marriage' and includes an intent to marry.
- The burden of proving the nature of the relationship and the intent to marry rests on the woman seeking protection.
- Strict adherence to the Arnesh Kumar v. State of Bihar (2014) safeguards against arbitrary arrest is mandatory for all partners and relatives.
- This expanded interpretation applies specifically to Section 498A and does not automatically alter other statutory provisions.

## What Happens Next

The ruling establishes a higher evidentiary bar for live-in partners compared to civil domestic violence cases. By requiring proof of 'intent to marry,' the court aims to separate casual cohabitation from relationships that mirror the commitments of marriage. Moving forward, lower courts must evaluate the specific nature of a relationship before admitting criminal charges under Section 85 of the BNS, ensuring that the deterrent power of the law is not misused while maintaining its protective reach.

Source: The Hindu — National

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Canonical: https://projectchintan.com/article/supreme-court-live-in-relationship-domestic-cruelty-ipc-498a-fgrcq
Reported from: The Hindu — National