# Does an FIR Under Section 498A Affect CIBIL Score? Legal Clarification

> Worried that a 498A FIR and chargesheet might ruin your credit score? Here's what Indian law says about criminal records and CIBIL—plus the actual steps to protect your finances and reputation.

Source: https://sudhirrao.com/insights/fir-498a-cibil-score-impact  
Author: Sudhir Rao — Advocate, Supreme Court of India  
Category: Criminal  
Published: 2026-08-08

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#### One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

**Note:** Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

**TL;DR:** No, an FIR under Section 498A—or a name appearing in the chargesheet—does not affect your CIBIL score or credit report. CIBIL only records credit-related data like loan repayments, card dues, and defaults. Criminal cases are not reported to credit bureaus. But a criminal charge can still disrupt your financial life indirectly, so you need to act fast to protect yourself.

 Arjun Mehta, a 34-year-old product manager at a Pune-based IT firm, had just settled into his rented flat in Indore’s Vijay Nagar when a police summons arrived. His sister-in-law had filed a 498A complaint against her husband’s family in Nagpur, and since Arjun lived in the joint household briefly, his name appeared in the FIR. By late January 2025, the chargesheet was submitted in court. His immediate worry wasn’t just the legal mess—it was the home loan application he had submitted to HDFC Bank. Would a criminal case show up on his CIBIL and wreck his score? That’s when he approached the Chamber of Advocate Sudhir Rao, after a junior lawyer he consulted earlier gave him vague, worrying answers. The first thing Advocate Sudhir Rao’s office did was pull out the Reserve Bank of India guidelines on credit information companies. It was clear as day: CIBIL, Equifax, Experian, and High Mark only process credit data supplied by banks and financial institutions—not police records or court orders. So Arjun’s credit score remained untouched. But the anxiety wasn’t limited to CIBIL. Arjun’s employer had a routine background-verification check coming up. And here’s where the specialised approach kicked in. Advocate Sudhir Rao and his office argued that a person named in a 498A charge is not a convict, and under Article 21 of the Constitution, the presumption of innocence remains until proven guilty. They helped Arjun secure a clean pre-employment screening response by furnishing a certified copy of the chargesheet along with an affidavit clarifying his minimal role. The loan application was approved without a hitch. 

# Key Facts of the Case

- Arjun Mehta was named in a Section 498A FIR filed in Nagpur, related to his brother’s marital dispute.
- The chargesheet was submitted on 20 January 2025, and the court took cognisance soon after.
- Arjun had applied for a home loan with HDFC Bank; he feared the criminal case would tank his CIBIL score.
- Advocate Sudhir Rao’s office established that CIBIL does not include criminal case data in its credit reports under RBI’s Credit Information Companies (Regulation) Act, 2005, framework.
- Background-verification concerns were resolved by highlighting the presumption of innocence and providing a limited-role affidavit.

# The Direct Legal Answer

A 498A FIR and chargesheet do not impact your CIBIL score or credit report in any way. CIBIL and other credit bureaus are statutorily obligated to collect only credit-related information—like repayment history, outstanding dues, and defaulted loans—from member banks and NBFCs. They cannot and do not access criminal case databases maintained by the police or courts. So your credit score won’t dip because of a criminal investigation.

But here’s the catch: while your CIBIL stays clean, a criminal case can still affect you practically. Banks may have internal policies flagging applicants with pending criminal cases, even though it’s not reflected in the credit score. And employers conducting background checks might report an adverse entry if they find “pending criminal proceedings.” So the fallout is real, even if the credit report remains pristine.

# Advice in Such Cases

**Consult with Lawyer:** The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Don’t wait for the credit report to “absorb” the case—it won’t. Instead, get a certified copy of the chargesheet and an anticipatory bail order (if needed) ready. Most financial institutions respond to clarity, not panic. And this type of matter benefits significantly from an advocate who handles both criminal defence and regulatory compliance regularly; a general practitioner may inadvertently feed your anxiety by confusing police records with financial records.

# Applicable Sections of Law

- Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 — cruelty by husband or his relatives, punishment up to three years and fine.
- Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — anticipatory bail in non-bailable offences.
- Section 528 BNSS — inherent powers of the High Court to quash an FIR or chargesheet.
- Credit Information Companies (Regulation) Act, 2005 — regulates what data CIBIL can collect and disclose.

# Punishment and Penalties

Under Section 85 BNS, a conviction for cruelty attracts imprisonment for up to three years and a fine. The quantum of fine is not fixed by statute and is left to the court’s discretion. The offence is cognisable—meaning the police can arrest without a warrant—and non-bailable, so bail is not a matter of right. It is also non-compoundable under the BNS framework, though the Supreme Court has permitted compounding in suitable cases through quashing proceedings.

# Jurisdiction — Where to File the Case

In a 498A matter, the FIR is typically registered at a police station having territorial jurisdiction over the complainant’s residence—where the alleged cruelty occurred or where she currently resides. The trial proceeds before the Judicial Magistrate First Class in that district. If you need to file a quashing petition, it lies before the High Court under Section 528 BNSS. Jurisdiction matters enormously; a case filed in a wrong location can be challenged and transferred, but delay is costly.

# What if Police Refuse to File FIR?

For the aggrieved wife, if the police refuse to register a 498A complaint, she has remedies. You can approach the Superintendent of Police under Section 173(4) BNSS and send a written complaint. If that fails, a private complaint can be filed before the Magistrate under Section 175(3) BNSS, who may direct investigation. As a last resort, a writ petition can be moved in the High Court. Quick action is critical—delay allows the accused to create counter-narratives.

- Send a detailed complaint to the SP by registered post.
- If no FIR is registered within seven days, approach the Magistrate with a private complaint under Section 175(3) BNSS.
- Preserve all evidence—WhatsApp chats, call recordings, emails—to support the complaint.

# Rights of the Accused

- Right against self-incrimination under Article 20(3) of the Constitution—you cannot be forced to give a statement that may lead to your conviction.
- Right to legal representation under Article 22—you can have an advocate of your choice present during interrogation.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to get a copy of the FIR and know the grounds of arrest immediately.
- Right to seek anticipatory bail if you have genuine apprehension of arrest.

# Bail Provisions

498A is non-bailable, so getting bail requires solid legal groundwork. Anticipatory bail under Section 482 BNSS must be sought before arrest, and courts typically grant it with conditions—like joining investigation, not tampering with evidence, and not contacting the complainant. Regular bail under Section 480 BNSS is applied after arrest. The strategy here is to demonstrate that you are not a flight risk and that custodial interrogation isn’t needed. A clean background and minimal involvement can tip the scales.

# Quashing of FIR / Case

The High Court can quash an FIR or chargesheet under its inherent powers in Section 528 BNSS. This is viable when the complaint, even taken at face value, does not disclose a criminal offence, or if the parties have amicably settled and the offence is compoundable—though 498A is not directly compoundable, courts permit quashing on settlement if it’s in the interest of justice. Quashing spares you the ordeal of a full trial and cleans up the record, but you need a watertight petition and genuine compromise.

# If You Are the Victim

- Register the FIR promptly—every day of delay weakens the case.
- Secure all documentary proof: medical reports, photos of injuries, threatening messages.
- Keep a detailed diary of incidents with dates and locations.
- Inform a trusted family member or friend so you are not isolated.
- Engage a lawyer who specifically handles matrimonial criminal litigation to avoid procedural lapses.

# Documents You Must Keep Ready

- Aadhaar card and PAN card (for both accused and complainant).
- Marriage certificate and photographs of the wedding.
- Bank statements showing dowry-related transactions (if applicable).
- WhatsApp chats, SMS, emails, and call logs.
- Medical reports and discharge summaries if injuries were sustained.
- List of witnesses with their contact details.
- Certified copy of the FIR and chargesheet (once filed).
- Bail orders or anticipatory bail papers (for the accused).

# What Evidence Is Required?

- Primary evidence: original documents like the marriage certificate, bank statements, and written complaints.
- Secondary evidence: photocopies or digital screenshots, but you must explain why the originals are unavailable.
- Electronic records: under Section 63 of the BSA (Bharatiya Sakshya Adhiniyam), emails and chat logs are admissible if properly certified.
- Medical evidence: doctors’ reports and medico-legal certificates are crucial in cruelty cases.
- Witness testimonies: neighbours, relatives, or colleagues who heard or saw the harassment.
- Financial records: proof of stridhan or dowry demands and repayments.
- Voice recordings: can be used but require a certificate under Section 65B of BSA.

# How the Police Behave in Such Cases

Police stations often register 498A FIRs quickly, given the gravity of the accusation and the pressure from complainants. Expect immediate call-notices to the accused under Section 35 BNSS to join investigation. The police may collect call records and bank statements, and they often push for a quick chargesheet—sometimes within 60 days—to avoid judicial interference. The investigating officer’s attitude can range from overly aggressive to casual, which is why having a sharp advocate who can monitor the investigation makes a visible difference.

# Timeline of Legal Process

- FIR registration and initial investigation: 0–7 days.
- Arrest or grant of anticipatory bail: within 7–14 days of the FIR.
- Filing of chargesheet: within 60–90 days for non-bailable offences.
- Cognizance by Magistrate: usually within 30 days of chargesheet submission.
- Framing of charges: 3–6 months after cognizance.
- Trial (evidence, cross-examination): 12–24 months, often longer due to adjournments.
- Judgment: after completion of trial, typically 18–36 months from first hearing.
- Appeal (if convicted): High Court, within 90 days of judgment.

# How Long Will the Investigation Take?

In 498A cases, the police aim to file the chargesheet within 60 to 90 days, especially if the accused is in custody—failure to file within 90 days entitles the accused to default bail under Section 187 BNSS. Practically, investigation in a straightforward 498A matter wraps up in about two months.

# Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

# Can the Matter Be Settled Out of Court?

Yes, many 498A cases end in a compromise. Although the offence is non-compoundable, the High Court can quash the entire proceedings under Section 528 BNSS if the parties reach a genuine settlement and the court is convinced that continuing the trial would serve no purpose. Mediation centres attached to family courts often help. If a settlement is reached, a joint petition for quashing is filed, and the court may dispose of the matter in a single hearing—provided the complainant affirms no coercion.

# Common Mistakes People Make

- Assuming the FIR will vanish from police records immediately after settlement—it won’t. You need a quashing order.
- Not securing anticipatory bail early and then getting arrested, which complicates everything.
- Destroying messages or call logs; digital evidence is critical and courts draw adverse inference if it’s missing.
- Talking to the opposite party without counsel present, leading to statements that weaken your case.
- Posting about the case on social media; it can be used as evidence of harassment or intimidation.
- Engaging an advocate who does not regularly handle criminal defence and matrimonial disputes—this can result in missing vital bail deadlines or overlooking quashing opportunities that a domain specialist would spot instantly.

# FAQs People Normally Have

**Will a 498A case show up in my employer’s background verification?**  
It can, if the verification agency checks court records. Most reputed firms run criminal background checks, and a pending case may be flagged. But it’s not a conviction, so you can often provide an explanation and a bail order to satisfy HR.

**Can I travel abroad if I’m named in a 498A FIR?**  
Travel is possible unless the court has specifically imposed restrictions. However, many countries require you to disclose pending criminal cases in visa applications, and non-disclosure can result in visa rejection or cancellation.

**Does the FIR affect my PAN card or bank account?**  
No. Your PAN, bank account, and credit instruments are not linked to criminal proceedings unless there is a specific order freezing assets under anti-money laundering laws, which does not apply to 498A.

**How long does a 498A case stay on record if it’s not quashed?**  
It remains on the police and court databases permanently. Even after acquittal, the record persists. A quashing order effectively deletes the criminal entry, which is why it’s a preferred remedy.

**Can my wife withdraw a 498A complaint after filing?**  
She can submit an affidavit stating she has no objection to quashing, but the court must accept it. Mere withdrawal does not automatically close the case; a quashing petition under Section 528 BNSS is necessary.

*This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.*

*Advocate Sudhir Rao, Supreme Court of India*

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_This is the AI-readable Markdown version of an article published by the Chambers of Sudhir Rao. It is general legal information, not legal advice. Canonical page: https://sudhirrao.com/insights/fir-498a-cibil-score-impact_