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A dowry harassment complaint in Delhi can be filed at the local police station or the district Crime Against Women (CAW) Cell when a woman is harassed or treated cruelly over dowry demands. The main laws are Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (old Section 498A IPC) and the Dowry Prohibition Act, 1961. A civil route under the Domestic Violence Act is also available.
Key takeaways
- Cruelty linked to dowry is punishable with up to three years’ imprisonment and fine under Section 85 BNS.
- Even demanding dowry is an offence under Section 4 of the Dowry Prohibition Act.
- In Delhi, matrimonial complaints usually go first to the district CAW Cell for counselling before an FIR.
- Specific dates, messages and witnesses make a complaint credible; vague allegations against all relatives weaken it.
- You can file a criminal complaint, a Domestic Violence Act case and a maintenance claim at the same time.
In this guide
What counts as dowry and dowry harassment?
Under Section 2 of the Dowry Prohibition Act, 1961, dowry is any property or valuable security given, or agreed to be given, in connection with the marriage. It can be given before, at, or any time after the wedding. Cash, jewellery, a car, a flat or a business payment can all be dowry.
Customary gifts given voluntarily, without demand, and recorded in a list are not dowry. Gifts that belong to the woman are her stridhan (her absolute property), and she has the right to get them back.
Harassment means cruelty to coerce the woman or her family to meet a demand. Section 86 BNS defines cruelty to include harassment to coerce her or her relatives to meet an unlawful demand for property, as well as conduct likely to drive her to suicide or cause grave injury to her health.
Dowry harassment laws and punishments
| Offence | New law | Old law | Punishment |
|---|---|---|---|
| Cruelty by husband or his relatives | S. 85 BNS (definition in S. 86) | S. 498A IPC | Up to 3 years and fine |
| Giving or taking dowry | S. 3, Dowry Prohibition Act | Same | Minimum 5 years, and fine of at least ₹15,000 or the dowry’s value, whichever is more |
| Demanding dowry | S. 4, Dowry Prohibition Act | Same | 6 months to 2 years, and fine up to ₹10,000 |
| Not returning dowry to the woman | S. 6, Dowry Prohibition Act | Same | 6 months to 2 years, or fine, or both |
| Dowry death (within 7 years of marriage) | S. 80 BNS | S. 304B IPC | Minimum 7 years, up to life imprisonment |
| Presumption in dowry death | S. 118 BSA | S. 113B Evidence Act | Court presumes dowry death if cruelty is shown soon before death |
Offences under Section 85 BNS are cognizable and non-bailable. Under Section 8 of the Dowry Prohibition Act, offences under that Act are cognizable for investigation, non-bailable and non-compoundable.
Where to file a dowry harassment complaint in Delhi
- Emergency: call 112. For counselling and support, the women’s helpline is 181.
- Local police station: where the harassment took place, or where you now live. Any station must register an FIR for a cognizable offence; see our guide on zero FIR in Delhi.
- District CAW Cell: each Delhi Police district has a Crime Against Women Cell that handles matrimonial complaints.
- Magistrate: if the police do not act, apply under Section 175(3) BNSS after writing to the DCP.
How to file a dowry harassment complaint: step by step
- Get safe first. If you face violence, leave and call 112. Get a medical examination for any injury.
- Write the complaint. Set out the marriage date, what was given at the wedding, each later demand (who, when, how much), each act of cruelty, and witnesses. Attach a list of jewellery and articles.
- Submit it. Give it at the police station or CAW Cell and take a receipt or diary number. For a cognizable offence, insist on an FIR or a written reason for not registering one.
- Counselling at the CAW Cell. Both families are usually called for counselling. If you settle, terms are recorded. If not, the Cell recommends registration of an FIR.
- FIR and investigation. The investigating officer records statements, collects documents and may seize stridhan for return.
- Arrest safeguards. For offences punishable with up to 7 years, police must follow Section 35 BNSS (notice of appearance) and the Arnesh Kumar guidelines. Arrest is not automatic.
- Chargesheet and trial. The case goes to the Magistrate’s court of the district.
From Delhi practice: the CAW Cell stage often decides the case. A well-organised complaint with a clear chronology and copies of messages gets taken seriously. A complaint naming every relative, including those who live in other cities, is often treated as an exaggeration.
Evidence to collect
| Evidence | What it proves |
|---|---|
| Wedding photos, videos, invitation card | Marriage and what was given |
| Bills and bank statements for jewellery, cash, car, gifts | Value of dowry and stridhan |
| WhatsApp messages, emails, call recordings | Demands and threats, with dates |
| Medical records and MLC | Physical cruelty |
| Statements of parents, neighbours, friends | Corroboration of demands |
| Earlier police complaints or DD entries | Continuing harassment |
Other remedies alongside the criminal complaint
- Domestic Violence Act, 2005: protection orders, the right to live in the shared household, monetary relief and return of stridhan. See our guide on the domestic violence case procedure in Delhi.
- Maintenance: under Section 144 BNSS (old Section 125 CrPC). See maintenance under Section 144 BNSS.
- Divorce on grounds of cruelty: under Section 13(1)(ia) of the Hindu Marriage Act.
Recent Supreme Court rulings to know
- Arnesh Kumar v. State of Bihar (2014): no routine arrest in offences punishable with up to 7 years; the police must record reasons.
- Dara Lakshmi Narayana v. State of Telangana (2024): vague and general allegations against the husband’s relatives, without specific acts, can lead to the case being quashed against them.
- Shivangi Bansal v. Sahib Bansal (2025): the Supreme Court endorsed the Allahabad High Court’s guidelines on Family Welfare Committees, including a two-month period before coercive action in Section 498A cases. How far these guidelines are applied in Delhi should be checked with the police station or court concerned.
Common mistakes to avoid
- Waiting years before complaining, with no record of earlier incidents.
- Naming relatives without saying what each one did.
- Not listing jewellery and articles with approximate values.
- Deleting chats or changing phones before taking backups.
- Signing a settlement at the CAW Cell without checking the terms on stridhan and maintenance.
How a lawyer can help
A 498A lawyer in Delhi can draft a precise complaint, represent you at the CAW Cell, follow up on the FIR, and coordinate the criminal case with a domestic violence case and maintenance claim. If you are the one accused, our guide on a false 498A case in Delhi explains the other side. For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
How do I file a dowry harassment complaint in Delhi?
Write a complaint with the marriage date, each dowry demand, each act of cruelty and the names of witnesses. Submit it at the local police station or the district CAW Cell and take a receipt. If the police do not act, write to the DCP and then apply to the Magistrate under Section 175(3) BNSS.
Which section applies to dowry harassment under BNS?
Section 85 of the Bharatiya Nyaya Sanhita punishes cruelty by a husband or his relatives, and Section 86 defines cruelty to include harassment over unlawful demands for property. Together they replace Section 498A IPC. Demanding, giving or taking dowry is also an offence under the Dowry Prohibition Act, 1961.
What is the punishment for demanding dowry?
Under Section 4 of the Dowry Prohibition Act, demanding dowry is punishable with imprisonment of six months to two years and a fine of up to ₹10,000. If the demand is backed by cruelty or harassment, Section 85 BNS also applies, with imprisonment of up to three years and fine.
Is there a time limit to file a dowry complaint?
Section 85 BNS carries up to three years’ imprisonment, so the general limitation for taking cognizance is three years from the offence. Courts treat cruelty as a continuing offence and can condone delay in the interests of justice. Filing early, with records of each incident, is always better.
Will the husband’s family be arrested immediately?
Not automatically. For offences punishable with up to seven years, the police must follow Section 35 BNSS and the Arnesh Kumar guidelines, which require reasons for arrest. In Delhi, matrimonial complaints usually go to the CAW Cell for counselling first. Accused persons often apply for anticipatory bail.
Can I get my stridhan back through a dowry complaint?
Yes. The police can seize stridhan during investigation, and Section 6 of the Dowry Prohibition Act requires dowry to be transferred to the woman. You can also seek its return under Section 19 of the Domestic Violence Act. Keep a list of items with photos, bills and approximate values.
Conclusion
A dowry harassment complaint in Delhi works best when it is specific, dated and backed by documents. Start with the police station or CAW Cell, keep copies of everything, and use the Domestic Violence Act and maintenance remedies alongside the criminal case where needed.
This guide was prepared with reference to Sections 80, 85 and 86 of the Bharatiya Nyaya Sanhita, 2023, the Dowry Prohibition Act, 1961, available on India Code, and the Supreme Court judgments cited above. Check the current practice of the police station or court concerned.
Related guides and services
- 498A Lawyer in Delhi
- Domestic Violence Lawyer in Delhi
- Divorce Lawyer in Delhi
- Domestic violence case procedure in Delhi
- Maintenance under Section 144 BNSS in Delhi
Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm
Speak to SRLM Law Associates
For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.
This article is for general information only and is not legal advice.
