Family Law

Section 498A (Non-Arrest Guidelines)

Adv. MGAA Associates
April 21, 2026
Section 498A (Non-Arrest Guidelines)

The latest Supreme Court ruling (April 2026) clarified that vague, omnibus allegations under Section 498A IPC without evidence or with long delays cannot justify prosecution, and earlier (July 2025) guidelines mandated a two‑month no‑arrest period in such cases to prevent misuse.


Case: Supreme Court Bench of Justice B.V. Nagarathna & Justice Ujjal Bhuyan.

Ruling: Criminal proceedings against in-laws were quashed due to 7-year delay and lack of evidence.

Principle: Courts emphasized that vague and omnibus allegations cannot sustain prosecution under Section 498A.


Case: Shivangi Bansal vs Sahib Bansal (Transfer Petition C No. 2367 of 2023).

Ruling: Supreme Court upheld Allahabad High Court guidelines mandating:

No arrest for two months after filing of a 498A complaint.

Police must conduct preliminary inquiry before arrest.

Aim: Prevent misuse of Section 498A and protect rights of both parties.






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