BNS Sections 85 and 86 Explained: Cruelty by Husband or His Relatives

The Bharatiya Nyaya Sanhita, 2023 (BNS), which came into force on 1 July 2024, has replaced the Indian Penal Code, 1860 (IPC) as India’s principal criminal law. While the BNS modernizes and reorganizes many criminal law provisions, it continues to provide strong legal protection to married women against domestic cruelty and dowry-related harassment.

One of the most important provisions in this regard is Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. These sections substantially correspond to Section 498A of the Indian Penal Code, but the BNS separates the offence and the definition into two different sections for greater clarity.

Section 85 creates the offence of cruelty by a husband or his relatives, while Section 86 defines what amounts to “cruelty.” Together, these provisions are intended to safeguard married women from physical abuse, mental cruelty, and unlawful dowry demands.

This article provides a comprehensive explanation of Sections 85 and 86, including their meaning, essential ingredients, punishment, illustrations, landmark Supreme Court judgments, and frequently asked questions.

Legislative Background

Domestic violence and dowry-related abuse have long been recognized as serious social problems in India. To address these issues, Section 498A was introduced into the IPC in 1983. With the enactment of the Bharatiya Nyaya Sanhita, the substance of that provision has been retained and reorganized.

The objective of Sections 85 and 86 is to:

• Protect married women from physical and mental cruelty.
• Prevent harassment connected with unlawful dowry demands.
• Deter domestic abuse through criminal sanctions.
• Promote dignity, equality, and personal security within marriage.

These provisions operate alongside other protective laws, including the Protection of Women from Domestic Violence Act, 2005 and the Dowry Prohibition Act, 1961.

Section 85 – Cruelty by Husband or His Relatives

What Does Section 85 Provide?

Section 85 states that if the husband or any relative of the husband subjects a married woman to cruelty, they shall be punished with imprisonment for a term that may extend to three years, and shall also be liable to a fine.

Unlike general assault or hurt provisions, Section 85 specifically addresses cruelty occurring within a marital relationship.

Who Can Be Prosecuted?

The following persons may be prosecuted under Section 85 if there is evidence of their involvement:

• Husband
• Father-in-law
• Mother-in-law
• Brother-in-law
• Sister-in-law
• Grandparents-in-law
• Other relatives of the husband who actively participate in the acts of cruelty

However, merely being related to the husband is not enough. The prosecution must establish the specific role and conduct of each accused.

Section 86 – Meaning of Cruelty

Section 86 defines the expression “cruelty” for the purposes of Section 85.

The law recognizes two categories of cruelty.

1. Wilful Conduct

Cruelty includes any deliberate or intentional conduct that is likely to:

• Drive the woman to commit suicide; or
• Cause grave injury or danger to:
  • her life;
  • her physical health;
  • her mental health; or
  • her bodily safety.

This provision covers both physical violence and severe mental abuse.

2. Harassment for Dowry

Cruelty also includes harassment where the intention is:

• to coerce the woman or her relatives to meet an unlawful demand for property or valuable security; or
• to harass her because such demand has not been fulfilled.

This makes repeated dowry demands and related harassment criminal offences.

Essential Ingredients of the Offence

To secure a conviction under Sections 85 and 86, the prosecution must prove:

1. The Victim Must Be a Married Woman

The protection under these sections is available specifically to married women.

2. Relationship of the Accused

The accused must be:

• the husband; or
• a relative of the husband.

3. Cruelty

The conduct complained of must fall within the statutory definition of cruelty under Section 86.

4. Mens Rea

The prosecution must establish that the conduct was intentional or connected with unlawful dowry demands.

Physical Cruelty

Physical cruelty generally includes acts such as:

• Assaulting the wife.
• Causing bodily injuries.
• Beating or kicking.
• Starving the woman.
• Locking her inside the house.
• Denying necessary medical treatment.
• Using dangerous weapons.

Repeated acts of physical violence may also attract additional offences under the BNS depending on the injuries caused.

Mental Cruelty

Mental cruelty is often more difficult to prove but is equally serious.

Examples include:

• Constant humiliation.
• Verbal abuse.
• Repeated threats.
• False allegations regarding character.
• Preventing contact with parents.
• Continuous insults.
• Public humiliation.
• Psychological torture.
• Threatening divorce solely to harass.
• Threatening to take away children.

Courts examine whether the conduct was sufficiently serious to affect the woman’s mental health or drive her towards suicide.

Dowry-Related Cruelty

One of the primary objectives of these sections is to combat dowry harassment.

Examples include:

• Demanding cash after marriage.
• Insisting on a luxury vehicle.
• Demanding expensive jewellery.
• Forcing the wife to bring money from her parents.
• Threatening to expel her from the matrimonial home if demands are not met.

Even persistent pressure to fulfil unlawful financial demands may amount to cruelty.

Illustrations

Illustration 1

A husband repeatedly assaults his wife because her parents refuse to give him ₹10 lakh.

This constitutes cruelty under Sections 85 and 86.

Illustration 2

A woman is constantly insulted, isolated from her family, and threatened with violence until she develops severe depression.

This amounts to mental cruelty.

Illustration 3

The husband’s family repeatedly demands a luxury car and physically abuses the wife when the demand is refused.

This is a classic example of dowry-related cruelty.

Illustration 4

The husband forces his wife to leave her employment and prevents her from contacting anyone while continuously threatening her.

Depending on the facts, this conduct may amount to mental cruelty under Section 86.

Punishment Under Section 85

The punishment prescribed is:

• Imprisonment for a term which may extend to three years; and
• Fine.

The court considers the nature of the cruelty, the surrounding circumstances, and the evidence before determining the sentence.

Nature of the Offence

Generally, the offence under Sections 85 and 86 is:

• Cognizable
• Non-bailable
• Non-compoundable (subject to the powers of constitutional courts and the High Court in appropriate cases)

Important Supreme Court Judgments

1. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

This is the leading judgment concerning arrests in cruelty cases.

Principle

The Supreme Court held that arrests should not be automatic merely because an FIR has been registered. Police officers must satisfy themselves that arrest is necessary and comply with statutory safeguards before taking the accused into custody.

This judgment seeks to balance the protection of genuine victims with safeguards against unnecessary arrests.

2. Rajesh Sharma v. State of Uttar Pradesh (2017) 8 SCC 821

The Court observed that allegations under Section 498A IPC were sometimes misused.

It initially introduced procedural safeguards to prevent arbitrary arrests and harassment of the accused. Although certain directions were later modified, the judgment highlighted the importance of careful investigation.

3. Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443

The Supreme Court clarified that procedural safeguards should not dilute the legal protection available to genuine victims of domestic cruelty.

The Court emphasized that each complaint must be assessed on its own facts.

4. Kans Raj v. State of Punjab (2000) 5 SCC 207

The Supreme Court cautioned against indiscriminately implicating every member of the husband’s family without specific allegations.

The Court held that criminal liability must be based on evidence showing each accused’s active participation in the alleged acts of cruelty.

5. Girdhar Shankar Tawade v. State of Maharashtra (2002) 5 SCC 177

The Supreme Court explained that every matrimonial disagreement does not amount to cruelty under criminal law.

The conduct must satisfy the statutory definition contained in the law.

Difference Between IPC Section 498A and BNS Sections 85 & 86

IPC Section 498A	BNS Sections 85 & 86
Single provision	Split into two provisions
Defines cruelty and punishment together	Section 85 creates the offence; Section 86 defines cruelty
Maximum punishment: 3 years and fine	Maximum punishment remains 3 years and fine
Protection against domestic cruelty	Same protection retained under the BNS

Relationship with Other Laws

Depending on the facts, proceedings under Sections 85 and 86 may be accompanied by action under:

• Dowry Prohibition Act, 1961
• Protection of Women from Domestic Violence Act, 2005
• Bharatiya Nagarik Suraksha Sanhita, 2023
• Relevant provisions relating to hurt, grievous hurt, criminal intimidation, or abetment of suicide under the BNS

Frequently Asked Questions (FAQs)

What is the punishment under Section 85 BNS?

The punishment is imprisonment for up to three years and a fine.

Does mental cruelty amount to an offence?

Yes. Severe mental harassment that is likely to drive a woman to suicide or cause grave injury to her mental health is covered under Section 86.

Is every family dispute cruelty?

No. Ordinary marital disagreements do not automatically constitute criminal cruelty. The conduct must satisfy the statutory definition under Section 86.

Can in-laws be prosecuted?

Yes, but only where there is evidence of their specific involvement in the alleged acts of cruelty.

Is dowry demand necessary?

No. Wilful conduct causing grave physical or mental harm may constitute cruelty even without a dowry demand.

Conclusion

Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 continue India’s legal commitment to protecting married women from cruelty and dowry-related harassment. By separating the offence from its definition, the BNS provides greater clarity while preserving the substance of the former Section 498A IPC.

At the same time, judicial decisions stress that the law should be applied carefully, ensuring that genuine victims receive protection while safeguarding against arbitrary arrests and unfounded prosecutions. A balanced application of these provisions promotes justice, protects women’s dignity, and strengthens public confidence in the criminal justice system.

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Disclaimer

This article is intended solely for educational and informational purposes. It should not be construed as legal advice. For guidance on a specific legal matter, consult a qualified legal professional.