The Bharatiya Nyaya Sanhita (BNS) and allied laws provide several safeguards to address concerns of false accusations under cruelty provisions (Sections 85–86 BNS), balancing legal protection for victims with safeguards against misuse. Key mechanisms include:

1. Anticipatory Bail Under BNSS
Anticipatory bail, governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), allows individuals fearing arrest in non-bailable cases to seek pre-emptive relief:

Conditions for Grant:

Courts may impose requirements like cooperating with investigations, refraining from witness intimidation, and surrendering passports.

Applicants must demonstrate a credible apprehension of arrest (e.g., baseless cruelty allegations).

Exceptions: Anticipatory bail is barred in serious offences like rape or gang rape.

Judicial Precedents:

In Sushila Aggarwal v. State of NCT of Delhi (2020), the Supreme Court clarified anticipatory bail can last until trial completion if conditions are met.

Courts often grant bail in matrimonial disputes if allegations appear exaggerated or lack corroborative evidence.

2. Mediation in Matrimonial Disputes
Mediation is encouraged to resolve cruelty allegations without criminal prosecution:

Confidential Resolution: Allows couples to negotiate settlements privately, preserving relationships and reducing court burdens.

Caution Against Misuse: Critics argue mediation might pressure women to withdraw genuine complaints or overlook systemic abuse.

Judicial Guidelines: Courts often refer cases to mediation centers, but outcomes remain non-binding if parties reject settlements.

3. Judicial Safeguards Against Misuse
Courts have introduced procedural checks to curb false accusations:

Arnesh Kumar Guidelines (2014):

Police must avoid automatic arrests in cruelty cases and conduct preliminary inquiries to verify allegations.

Arrests are permitted only if essential for evidence preservation or witness protection.

Family Welfare Committees:

Recommended in Rajesh Sharma v. State of UP (2017), these committees screen complaints before police action, reducing frivolous cases.

Strict Scrutiny of Evidence:

Courts dismiss cases lacking medical reports, witness testimonies, or proof of sustained abuse.

4. Penalties for False Accusations
While not explicit in BNS, existing provisions deter malicious complaints:

Defamation (Section 356 BNS): Accused individuals can sue for reputational harm caused by false allegations.

Perjury Actions (Section 379 BNSS): Courts may penalize complainants for submitting forged evidence or false affidavits.

Key Takeaways
Anticipatory bail and mediation offer procedural safeguards against arbitrary arrests and overreach.

Judicial precedents mandate careful scrutiny of cruelty allegations to prevent misuse.

Balancing women’s rights and protection against false accusations remains a priority, with courts emphasizing evidence-based adjudication