Introduction of Section 85 BNS
Section 85 BNS is a legal provision in the Bharatiya Nyaya Sanhita (BNS) that addresses the issue of cruelty towards a woman by her husband or his relatives. This section makes it an offense for a husband or his relatives to subject a woman to any form of cruelty, whether physical or mental. The law aims to protect married women from abusive behavior within the family and ensures that those responsible are punished.
- Introduction of Section 85 BNS
- What is section 85 of BNS ?
- BNS Section 85 in Simple Points
- Section 85 BNS Overview
- BNS 85 Punishment
- BNS 85 bailable or not ?
- Bharatiya Nyaya Sanhita Section 85
- BNS Section 85 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 85 of BNS ?
BNS Section 85 defines the offense of cruelty by a husband or his relatives towards a married woman. Cruelty can include actions that cause physical harm, mental distress, or any form of abuse that makes life difficult for the woman. If a husband or his relatives are found guilty of such cruelty, they can be punished with imprisonment and a fine.
BNS Section 85 in Simple Points
- Protection from Physical and Mental Cruelty:
- BNS Section 85 recognizes that cruelty can be both physical and mental. It protects women from any behavior that causes harm or distress, whether it’s physical violence or emotional abuse. This broad definition ensures that women are safeguarded from all forms of cruelty.
- Imprisonment as a Deterrent:
- The possibility of imprisonment for up to three years serves as a strong deterrent against cruelty. Knowing that they could face jail time, husbands and in-laws are less likely to engage in abusive behavior, which helps protect women from harm.
- Fine as Additional Punishment:
- In addition to imprisonment, the law allows for the imposition of a fine. This additional punishment reinforces the seriousness of the offense and provides some form of financial compensation to the victim.
- Non-Bailable and Cognizable Offense:
- The non-bailable nature of the offense means that the accused cannot easily get out of jail before the trial. Being a cognizable offense allows the police to act quickly, providing immediate protection to the woman.
- Support from Relatives and Public Servants:
- The law recognizes that a woman may not always be able to fight her battles alone. It allows her relatives or certain public servants to file a complaint on her behalf, ensuring that she has the support she needs to seek justice.
Section 85 BNS Overview
Section 85 of the Bharatiya Nyaya Sanhita (BNS) makes it a punishable offense for a husband or his relatives to subject a woman to cruelty. The law is designed to protect women from physical or mental harm inflicted by their spouses or in-laws, providing for legal consequences for such acts.
BNS Section 85 – 10 Key Points Explained in Detail
- Protection from Cruelty: BNS Section 85 provides legal protection for married women who are subjected to cruelty by their husbands or in-laws. This includes any form of abuse, whether it is physical harm or mental harassment.
- Example: If a woman is continuously harassed by her in-laws for dowry, this would fall under cruelty, and she can seek protection under this law.
- Broad Definition of Cruelty: The law covers a wide range of behaviors that can be considered cruelty. It’s not just physical abuse; even mental harassment or emotional abuse can be classified as cruelty.
- Example: If a husband constantly insults or humiliates his wife in front of others, this mental abuse can be considered cruelty under Section 85.
- Punishment Includes Imprisonment: If someone is found guilty of cruelty under this section, they can be sentenced to imprisonment for up to three years. This acts as a strong deterrent against such behavior.
- Example: A husband who beats his wife and is found guilty can be jailed for up to three years.
- Fine as Additional Punishment: Besides imprisonment, the law also allows for the imposition of a fine on the guilty party. This ensures that the punishment is not just a prison sentence but also a financial penalty.
- Example: Along with a prison term, the court may also order the husband to pay a fine for causing harm to his wife.
- Cognizable Offense: A cognizable offense means that the police can arrest the accused without a warrant if a complaint is made. This ensures quick action can be taken to protect the woman.
- Example: If a woman reports cruelty, the police can immediately arrest her husband or in-laws without needing a court order.
- Non-Bailable Offense: Being a non-bailable offense, the accused cannot automatically get bail and must apply to the court. The court will then decide whether or not to grant bail based on the seriousness of the offense.
- Example: If a husband is arrested for cruelty, he cannot be released on bail immediately and must appear before a judge.
- Complaint by Victim or Relatives: The law allows the woman herself, her relatives, or certain public servants to file a complaint. This ensures that the woman is not left alone to fight her case.
- Example: If a woman is too scared to file a complaint, her parents or siblings can do so on her behalf.
- Role of Public Servants: If the woman has no relatives to help her, certain public servants can step in and file the complaint. This ensures that the woman has support even if her family is not involved.
- Example: A social worker or a government officer can file a complaint if they become aware of the woman’s situation.
- Trial by Magistrate: The offense is tried by a Magistrate of the First Class, who is authorized to handle serious cases like this. This ensures that the case is dealt with by a competent legal authority.
- Example: A woman’s case of cruelty will be heard by a Magistrate who has the power to impose a suitable punishment on the guilty party.
- Focus on Women’s Rights: The law reflects a strong commitment to protecting the rights of women within the family. It sends a clear message that cruelty within marriage will not be tolerated.
- Example: By punishing acts of cruelty, the law helps to protect the dignity and well-being of married women.
BNS 85 Punishment
Imprisonment: If found guilty under Section 85, the offender can be imprisoned for up to three years. This punishment aims to serve as a strong deterrent against cruelty.
Fine: In addition to imprisonment, the offender may also be required to pay a fine, further penalizing the act of cruelty.
BNS 85 bailable or not ?
Section 85 is a non-bailable offense, meaning that the accused cannot automatically obtain bail and must seek it through the courts, where the seriousness of the offense will be considered.
Bharatiya Nyaya Sanhita Section 85
| Section | Offense | Punishment | Cognizable or Non-Cognizable | Bailable or Non-Bailable | By What Court Triable |
|---|---|---|---|---|---|
| 85 | Subjecting a married woman to cruelty | Imprisonment for up to 3 years and fine | Cognizable | Non-Bailable | Magistrate of the First Class |
The Bharatiya Nyaya Sanhita (BNS) Section 85 replaces the old Indian Penal Code (IPC) Section 498-A
BNS Section 85 FAQs
What is the purpose of BNS Section 85?
The purpose is to protect married women from cruelty by their husbands or in-laws.
Is Section 85 a bailable offense?
No, it is a non-bailable offense.
Who can file a complaint under Section 85?
The complaint can be filed by the woman, her relatives, or certain authorized public servants.
What type of cruelty is covered under Section 85?
Both physical and mental cruelty are covered under this section.
What court handles cases under Section 85?
Cases are tried by a Magistrate of the First Class.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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