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In Dr. Lokesh B.H. & Ors. v. State of Karnataka &Anr. (2026), the Supreme Court held that Section 498A of the IPC (now Section 85 of the BNS) can apply to women in certain live-in relationships that qualify as a “relationship in the nature of marriage”, provided an intent to marry is established.

The Court adopted a purposive interpretation of the provision. Since the purpose of the law is to protect women from domestic cruelty, the absence of a formal marriage by itself should not exclude women in qualifying relationships from criminal protection. The Court linked this reasoning to Article 14, holding that excluding such women could create an unjustified distinction between similarly situated victims of domestic cruelty.

A qualifying relationship may involve factors such as shared finances, a shared domestic life, stability of the relationship and public recognition as spouses. However, the initial burden of establishing intent to marry lies on the woman seeking protection, and the Court did not prescribe fixed parameters for proving such intent.

498A/BNS vs Domestic Violence Act

The judgment also distinguishes the two legal frameworks. The Protection of Women from Domestic Violence Act, 2005 primarily provides civil remedies, including protection and maintenance orders, whereas Section 85 BNS carries criminal liability and serves a deterrent function. Thus, the two mechanisms can operate in distinct but complementary ways.

The Court also stressed safeguards against arbitrary arrest by directing strict compliance with Arnesh Kumar v. State of Bihar (2014), including the requirement of a preliminary inquiry before arrest.