Bharatiya Nyaya Sanhita, 2023
Section 85 BNS: Husband or Relative of Husband Subjecting a Woman to Cruelty
Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes a husband or a relative of the husband who subjects a woman to "cruelty." The meaning of cruelty for this offence is specifically defined in Section 86 BNS.
Current legal position: Sections 85 and 86 BNS are the current provisions dealing with cruelty by a husband or his relative. They substantially carry forward the subject matter formerly contained in Section 498A of the Indian Penal Code, 1860.
What does Section 85 BNS provide?
Section 85 provides that whoever, being the husband or a relative of the husband of a woman, subjects that woman to cruelty may be punished with imprisonment for a term which may extend to three years and is also liable to fine.
What is "cruelty" under Section 86 BNS?
Section 86 defines cruelty for the purposes of Section 85. It covers two broad categories:
- any wilful conduct of such a nature as is likely to drive the woman to commit suicide, or to cause grave injury or danger to her life, limb or health, whether mental or physical; or
- harassment of the woman with a view to coercing her, or a person related to her, to meet an unlawful demand for property or valuable security, or harassment because such a demand has not been met.
Key point: Section 85 must be read together with Section 86. The word "cruelty" is not left undefined; the prosecution must bring the alleged conduct within the statutory definition.
Essential ingredients of Section 85
Depending on which branch of Section 86 is invoked, the prosecution would ordinarily need to establish:
- that the accused is the husband or a relative of the husband of the woman;
- that the woman was subjected to conduct or harassment falling within Section 86;
- where Section 86(a) is relied on, that the wilful conduct was of the serious nature described in that clause; or
- where Section 86(b) is relied on, that the harassment was linked to an unlawful demand for property or valuable security, or to failure to meet such demand.
Punishment under Section 85 BNS
| Imprisonment | Imprisonment for a term which may extend to 3 years |
|---|---|
| Fine | Fine is also provided |
Is Section 85 BNS cognizable and bailable?
| Cognizable | Cognizable when information about the offence is given to the officer in charge of a police station by the woman aggrieved, a person related to her by blood, marriage or adoption, or, where there is no such relative, by a notified public servant |
|---|---|
| Bailable | No - non-bailable |
| Trial court | Magistrate of the First Class |
This classification appears in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The cognizable character is therefore expressed subject to the special condition stated in the Schedule.
Cognizance under Section 220 BNSS
Section 220 BNSS specifically governs prosecution for offences under Section 85 BNS. It provides that a Court may take cognizance upon a police report setting out facts constituting the offence, or upon a complaint by the woman aggrieved, her father, mother, brother, sister, her father's or mother's brother or sister, or, with leave of the Court, another person related to her by blood, marriage or adoption.
Presumption under Section 117 BSA in suicide cases
Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption as to abetment of suicide by a married woman. Where the statutory conditions are met, including suicide within seven years of marriage and cruelty by the husband or his relative, the Court may presume, having regard to all other circumstances, that the suicide was abetted by the husband or such relative.
For Section 117 BSA, "cruelty" has the same meaning as in Section 86 BNS.
Section 85 BNS and former Section 498A IPC
Section 85 BNS, read with Section 86, substantially continues the offence formerly contained in Section 498A IPC. The BNS separates the punishment provision and the definition of cruelty into two consecutive sections: Section 85 provides the offence and punishment, while Section 86 supplies the definition.
Related BNS provisions
Section 80 deals with dowry death. Section 84 concerns enticing, taking away or detaining a married woman with the specified criminal intent. Section 86 defines cruelty for Section 85. The precise provisions applicable in a case depend on the alleged conduct and the evidence.
Official legal sources
For authoritative statutory text, see the Bharatiya Nyaya Sanhita, 2023 on India Code, the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code, and the Bharatiya Sakshya Adhiniyam, 2023 on India Code. The Ministry of Home Affairs - New Criminal Laws page also provides official materials relating to the three new criminal laws.
Important note
This page provides a general explanation of Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. Whether the offence is made out in a particular case depends on the facts, evidence, procedural law and applicable judicial decisions.