BNS Section 85 and 86: Cruelty by Husband (Old IPC 498A) Explained

Read this in Hindi: हिंदी में पढ़ें

The old Section 498A of the Indian Penal Code is now split into two provisions of the Bharatiya Nyaya Sanhita, 2023: Section 85 (the punishment for cruelty by a husband or his relative) and Section 86 (the definition of “cruelty”). The punishment is unchanged at up to three years’ imprisonment plus fine, and the offence remains non-bailable, triable by a Magistrate of the first class and cognizable when the complaint comes from the woman or her family.

From IPC 498A to BNS 85 and 86

Under the IPC, Section 498A did two jobs in one place. The main paragraph created the offence and an Explanation below it told us what “cruelty” meant. The BNS keeps the same substance but separates the two parts.

• Section 85 makes it an offence for the husband, or a relative of the husband, to subject a woman to cruelty. It sits in Chapter V of the BNS, the chapter on offences against woman and child.
• Section 86 is a pure definition clause. It opens with the words “For the purposes of section 85, ‘cruelty’ means” and then sets out two limbs.

What counts as cruelty under Section 86

The definition has two independent limbs. Proving either one is enough.

Limb (a): conduct that endangers the woman

Any wilful conduct of a kind likely to push the woman towards suicide, or to cause grave injury or danger to her life, limb or health, mental or physical. The conduct must be serious and deliberate, not ordinary marital friction.

Limb (b): harassment for unlawful demands

Harassment of the woman aimed at coercing her or her relatives to meet an “unlawful demand for any property or valuable security”, or harassment because she or her relatives failed to meet such a demand. This is the classic dowry-harassment limb, though the words are wide enough to cover any unlawful demand for property.

Who can be accused

Only two categories of persons: the husband and the relatives of the husband. A stranger or friend of the family cannot be prosecuted under Section 85, though they may be liable under other provisions. The victim must be the wife (the woman to whom the husband is married).

Punishment and classification

Section 85 provides imprisonment that may extend to three years and the offender “shall also be liable to fine”. That is the same punishment as under IPC 498A, so the BNS has made no change in the sentence.

The classification comes from the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):

Two more points matter in practice:

• Not compoundable. Section 85 does not appear in either table of Section 359 BNSS (compounding of offences), so the parties cannot simply compound it. Settled matrimonial disputes usually reach the High Court for quashing instead.
• Conditional cognizability. The police can register an FIR and investigate without a Magistrate’s order only when the information comes from the persons listed above. This condition was also present in the old CrPC schedule.

What changed and what did not

• The definition and the offence now live in separate sections (85 and 86). The wording of both limbs of cruelty is substantively the same as the old Explanation.
• Punishment, non-bailable status and trial court are the same as before.
• Connected provisions were renumbered: dowry death is now Section 80 BNS (old IPC 304B), abetment of suicide is Section 108 BNS (old IPC 306), and the presumption about abetment of suicide by a married woman within seven years of marriage is now Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (old Section 113A of the Evidence Act). Section 117 BSA expressly borrows the meaning of cruelty from Section 86 BNS.

Key case law

• Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: the Supreme Court directed that arrest is not automatic in offences punishable up to seven years, including 498A cases. Police must record reasons and follow the notice-of-appearance route. Under the BNSS, the notice of appearance is in Section 35.
• Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953: a bench of Justices B.V. Nagarathna and N. Kotiswar Singh quashed a 498A FIR where the allegations against the husband’s relatives were vague and general, without dates or specific acts. The Court cautioned against roping in the whole family without specific accusations.

If you are facing cruelty: practical steps

• Emergency first. If you are in immediate danger, call 112 (the national emergency number) or 181 (women helpline in most states).
• File an FIR. Go to the nearest police station. Because of the zero FIR rule in Section 173 BNSS, you can file it at any police station, even if the cruelty happened elsewhere. You are entitled to a free copy of the FIR.
• Be specific. Write down dates, places, the names of each person and what each one did. Courts quash vague complaints, so detail protects your case.
• Keep evidence. Medical records, photographs, messages, call recordings, bank transfers made under pressure and names of witnesses.
• Civil protection too. The Protection of Women from Domestic Violence Act, 2005 lets you seek protection, residence and maintenance orders from a Magistrate. You can use it alongside a criminal case.
• If the police refuse, send the complaint in writing by post to the Superintendent of Police, and then approach the Magistrate under Section 175(3) BNSS.

Exam angle

• Remember the split: Section 85 is the offence, Section 86 is the definition. Questions often ask which section “defines” cruelty.
• Punishment is up to 3 years and fine. The fine is mandatory (“shall also be liable to fine”).
• Classification trio: cognizable (conditional), non-bailable, Magistrate of the first class. It is non-compoundable.
• Chapter V of the BNS houses offences against woman and child; Section 85 is part of it.
• Link questions: dowry death (80 BNS), abetment of suicide (108 BNS) and the presumption in Section 117 BSA.

Quick quiz

Practise more

Section numbers under the BNS, BNSS and BSA are now asked in every law exam. Our New Criminal Laws Guide maps every IPC, CrPC and Evidence Act section to its new number, and the free AIBE XXII mock tests them under exam timing.

Sources

• Bharatiya Nyaya Sanhita, 2023, Sections 85, 86, 80 and 108 (official text as published on India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023, First Schedule (classification of offences) and Section 359 (compounding)
• Bharatiya Sakshya Adhiniyam, 2023, Section 117
• Supreme Court of India: Dara Lakshmi Narayana v. State of Telangana, 2024 INSC 953; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273