A criminal complaint for mental harassment has been filed against my husband who is denying all allegations. The police are reluctant to arrest him saying there are no physical injuries. Under what circumstances can a husband be arrested for mental harassment and what can I do if police refuse to act on my complaint?
A husband can be arrested for mental harassment during matrimonial dispute, though following the Supreme Court's guidelines in cases like Arnesh Kumar, arrest is no longer automatic upon filing a complaint under Section 85/86 BNS. Whether a husband can be arrested for mental harassment during matrimonial dispute now depends on the police satisfying themselves, based on specific criteria, that arrest is genuinely necessary rather than routine, and courts have directed that arrest should not be used as a first resort in matrimonial cruelty cases without proper justification recorded by the investigating officer.
That said, in cases involving serious allegations, credible risk of evidence tampering, or continued harassment despite a complaint being filed, arrest remains a real possibility, and the safeguards do not mean the offence is any less serious or unenforceable. Both complainants seeking action and husbands seeking protection from wrongful arrest benefit from understanding exactly how these safeguards apply to their situation.
If you are involved in such a dispute from either side, Aapka Legal Advice can advise on the current arrest safeguards and the appropriate legal steps to take. Our network of Top Criminal Lawyers in India, supported by our retired judges panel's understanding of these evolving guidelines, can help ensure the process is handled fairly and lawfully.