How do I file a complaint for dowry harassment by my husband or in-laws?

Section 80 of the BNS, 2023 punishes 'cruelty' by a husband or his relatives towards a wife. 'Cruelty' is defined to include:

(1) Wilful conduct of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical;
(2) Harassment of the woman with a view to coercing her or any related person to meet any unlawful demand for property or valuable security, or on account of failure to meet such demand.

'Relatives' has been interpreted broadly by the Supreme Court to include parents-in-law, brother-in-law, sister-in-law, and at times their immediate family. The offence is cognizable, non-bailable, and non-compoundable in most circumstances — though High Courts can quash settlements under Section 528 BNSS (per B.S. Joshi v. State of Haryana, (2003) 4 SCC 675). Punishment: imprisonment up to 3 years + fine.

Step 1 — Preserve evidence. Photographs of injuries, medical records, threatening messages (WhatsApp, SMS, email), voice recordings, eye-witness statements, photographs of damaged property, video of dowry demands, dowry transaction proof.

Step 2 — Approach the nearest police station, Mahila Police Station, or Women's Help Desk. If jurisdiction is contested, use the Zero FIR procedure under Section 173 BNSS.

Step 3 — File the FIR citing Section 80 BNS, Section 85 BNS (cruelty to woman by husband or relative — explicit successor provision), and additional sections where applicable (Section 78 — stalking; Section 351 — criminal intimidation; Section 117 — voluntarily causing hurt).

Step 4 — Demand a free copy of the FIR under Section 173(2) BNSS.

Step 5 — If police refuse, approach the Superintendent of Police, or move the Magistrate under Section 175(3) BNSS, or file a writ in the High Court.

The Protection of Women from Domestic Violence Act, 2005 (PWDVA) provides civil reliefs that can run alongside the criminal case. Available orders under Sections 18-22:

(1) Protection Order — restraining further violence, contact, harassment;
(2) Residence Order — protecting your right to live in the shared household, including in-laws' property (per Satish Chander Ahuja v. Sneha Ahuja, (2021) 1 SCC 414);
(3) Monetary Relief — maintenance, medical bills, loss of earnings, household expenses;
(4) Custody Order for children;
(5) Compensation Order for emotional and physical harm.

The Magistrate can pass an ex-parte interim order within days under Section 12 PWDVA. See our detailed DV protection order guide. Use both criminal (Section 80 BNS) and civil (PWDVA) tracks for maximum protection.

Concerns over wrongful arrests prompted Supreme Court guidance:

(1) No automatic arrest — Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 directs that police must record reasons in writing under Section 35 BNSS (formerly Section 41 CrPC) before arresting any person for offences punishable up to 7 years. Routine arrests violate the Constitution;
(2) Family Welfare Committees at the district level — proposed in Rajesh Sharma v. State of U.P., (2018) 10 SCC 472, but later diluted by Social Action Forum v. Union of India, (2018) 10 SCC 443;
(3) High Court quashing in genuine settlements under Section 528 BNSS (formerly Section 482 CrPC) — B.S. Joshi v. State of Haryana, (2003) 4 SCC 675;
(4) Anticipatory bail is available — see our anticipatory bail guide;
(5) Defence evidence — call records, WhatsApp logs, witnesses, financial records can demonstrate that allegations are fabricated.

Beyond Section 80 BNS, the Dowry Prohibition Act, 1961 independently criminalises dowry transactions:

(1) Section 3 — punishment for giving or taking dowry: minimum 5 years' imprisonment + fine of ₹15,000 or the value of dowry, whichever is more;
(2) Section 4 — punishment for demanding dowry: 6 months to 2 years' imprisonment + fine up to ₹10,000;
(3) Section 6 — any dowry transferred must be held in trust for the benefit of the woman; she or her heirs may recover it;
(4) Section 8 — offences are cognizable.

The Act applies to giver, taker and abettor — meaning the woman's own family can also be prosecuted (a major reason it is rarely invoked). Engage a reputable, specialised criminal/family lawyer. See our related harassment by ex-partner and forced marriage guides.