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Section 85 of the Bharatiya Nyaya Sanhita, 2023 – Husband or Relative of Husband of a Woman Subjecting Her to Cruelty
This provision criminalises cruelty against a married woman by her husband or his relatives. It directly continues the protection earlier provided under Section 498A IPC, with the same core intent: safeguarding women from physical or mental harassment and unlawful demands such as dowry.
Punishment: Imprisonment up to 3 years + fine.
Nature of Offence: Cognizable, Non-bailable, Non-compoundable.
Trial: By Magistrate of the First Class.
Definition of Cruelty (as per Section 86 BNS):
Wilful conduct likely to drive a woman to suicide or cause grave injury to her life, limb, or health.
Harassment with a view to coercing her or her relatives to meet unlawful demands.
Dr. Anthony Raju’s Commentary:
“Section 85 BNS remains a vital legal safeguard for the dignity and safety of married women. However, the law must be enforced with fairness—protecting genuine victims while preventing misuse. Judicial guidelines, such as Family Welfare Committees before arrest, can balance protection with justice. Awareness, mediation, and legal literacy are key to reducing both cruelty and false implications.”