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Arrest and anticipatory bail

“They will arrest my whole family.”

Can the police arrest the whole family in a 498A case?

In short. In a cruelty case there is no automatic arrest. The police normally serve a notice first and must record real reasons before arresting anyone. You can ask a court for protection before an arrest. This is called anticipatory bail.

General information, not advice on your case. Please speak to your own lawyer, or to your District Legal Services Authority, about your case.

Last updated 17 October 2026.

The door, step by step

In a cruelty case there is no automatic arrest.
The police normally serve a notice first and must record real reasons before arresting anyone.Section 41A CrPC / Section 35(3) BNSS: notice before arrest
You can ask a court for protection before an arrest. This is called anticipatory bail.Section 438 CrPC / Section 482 BNSS: protection before arrest

What backs it up. The Supreme Court said police must not arrest automatically in these cases. They must record real reasons first.Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. Still the law today. Read the source

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