In Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr. (2026), the Supreme Court held that Section 498A IPC, now corresponding to Section 85 of the Bharatiya Nyaya Sanhita (BNS), can extend protection against cruelty to women in certain live-in relationships that are in the nature of marriage, subject to establishing an intent to marry.
Purposive Interpretation
The Court adopted a purposive interpretation of Section 498A, emphasising that its objective is to prevent domestic cruelty and that such cruelty can occur even without a formally registered marriage.
The Court observed that excluding eligible women in live-in relationships while protecting married women could raise concerns under Article 14, as the distinction may lack a rational connection with the objective of preventing domestic violence.
“Relationship in the Nature of Marriage”
The Court relied on the concept recognised under the Protection of Women from Domestic Violence Act, 2005. Such a relationship may involve shared finances, a domestic life, stability and public recognition as spouses.
However, the protection is not automatically available to every live-in relationship. The Court specifically linked it to the existence of an intent to marry.
Burden of Proof
The initial burden of establishing the intent to marry lies on the woman seeking protection. Since Section 498A involves criminal liability, the Court indicated that a higher standard of proof would be required.
The Court did not prescribe fixed parameters for determining such intent.
DV Act vs Section 498A/BNS Section 85
The Protection of Women from Domestic Violence Act, 2005 primarily provides civil remedies, such as protection orders and maintenance.
In contrast, Section 498A IPC/Section 85 BNS creates criminal liability for cruelty. Thus, the two legal frameworks serve distinct but complementary purposes.
Safeguard Against Arbitrary Arrest
The Supreme Court reiterated strict compliance with Arnesh Kumar v. State of Bihar (2014). Arrest should not be automatic merely because a case is registered under the cruelty provision.
The Court directed that live-in partners or their relatives should not be arrested without the required preliminary scrutiny, ensuring protection against unnecessary or arbitrary arrests.
We provide offline, online and recorded lectures in the same amount.
Every aspirant is unique and the mentoring is customised according to the strengths and weaknesses of the aspirant.
In every Lecture. Director Sir will provide conceptual understanding with around 800 Mindmaps.
We provide you the best and Comprehensive content which comes directly or indirectly in UPSC Exam.
If you haven’t created your account yet, please Login HERE !
We provide offline, online and recorded lectures in the same amount.
Every aspirant is unique and the mentoring is customised according to the strengths and weaknesses of the aspirant.
In every Lecture. Director Sir will provide conceptual understanding with around 800 Mindmaps.
We provide you the best and Comprehensive content which comes directly or indirectly in UPSC Exam.
Offline/Online Class
