Introduction of Section 86 BNS
Section 86 BNS defines what is considered “cruelty” in the context of marriage. This section is closely related to BNS Section 85, which deals with the punishment for subjecting a married woman to cruelty. Section 86 provides the legal definition of “cruelty” to ensure clarity in its application.
What is section BNS Section 86 ?
BNS Section 86 explains what acts are considered as “cruelty” towards a married woman under the law. It specifically defines the behaviors or actions that are likely to cause serious harm or distress to the woman, making them punishable offenses.
BNS Section 86 in Simple Points
1. What Does “Cruelty” Mean Under This Law?
Cruelty is defined as any behavior that causes serious harm to a woman’s physical or mental health, or drives her toward self-harm. It is not limited to physical abuse—emotional torture, threats, and humiliation also fall within this definition.
2. What Types of Harm Are Covered?
The law covers both mental and physical cruelty. For example, constant insults, threats, and humiliation that damage a woman’s mental health are treated as cruelty, just like physical violence or injury.
3. Is Harassment for Demands Like Dowry Considered Cruelty?
Yes. If a woman or her family is harassed to meet unlawful demands, such as dowry or financial pressure, it is considered cruelty. This provision directly supports the fight against dowry-related harassment and exploitation.
4. How Does the Law Protect Women from Suicide?
BNSS Section 85 recognizes that severe cruelty can push women toward suicide or self-harm. By punishing the offender, the law aims to prevent such tragic situations and ensure women are not forced into hopelessness due to harassment.
5. What Legal Action Can Be Taken Against Offenders?
Those proven guilty of cruelty face imprisonment and fines. The exact punishment depends on the seriousness of the case, but the law ensures that offenders are held accountable and victims receive legal protection.
Section 86 BNS Overview
BNS Section 86 defines “cruelty” as any intentional act that could drive a woman to commit suicide, cause serious injury to her physical or mental health, or any form of harassment aimed at forcing her or her family to meet illegal demands.
BNS Section 86: 10 Key Points Explained
10 Key Points of BNSS Section 86 (Explained in Detail)
1. Definition of Cruelty
Cruelty under this section means any deliberate act that causes severe physical or mental harm to a woman. It is not restricted to beating or assault—it can include insults, humiliation, or threats that deeply affect her well-being. This wide definition ensures that different forms of abuse are recognized under law.
2. Intentional Harm
For an act to be considered cruelty, there must be intent. This means the offender knowingly acts in a way that is likely to harm the woman. For example, repeatedly insulting or threatening her in order to mentally break her counts as cruelty, even if no physical harm is caused.
3. Mental and Physical Harm
The law clearly states that cruelty can be both mental and physical. Physical cruelty includes hitting, slapping, or causing injuries, while mental cruelty includes constant verbal abuse, isolation, humiliation, or controlling behavior that affects her emotional health.
4. Harassment for Unlawful Demands
One of the most serious forms of cruelty recognized under Section 86 is harassment for dowry or other illegal demands. If a woman or her family is pressured, threatened, or tortured to provide money, property, or valuables, it falls under this provision.
5. Suicidal Tendencies
If the cruelty is so unbearable that it pushes the woman to attempt suicide or consider ending her life, the offence is treated with even greater seriousness. The law directly links such extreme harassment to the mental health crisis women may face in abusive households.
6. Broad Scope
The section is written with a broad scope to cover different forms of cruelty—physical violence, emotional abuse, psychological manipulation, financial pressure, or social humiliation. This ensures offenders cannot escape punishment by exploiting loopholes in the definition of abuse.
7. Legal Clarity
Section 86 provides clear legal guidelines for courts and police to decide what constitutes cruelty. By defining cruelty broadly, it reduces ambiguity and strengthens the case of women who are subjected to harassment and abuse within marriage.
8. Protection for Victims
The primary aim of this section is to protect women from ongoing abuse. It empowers them to file complaints and seek justice, ensuring that abusive behavior is not tolerated. It also acts as a deterrent to families and spouses who might think of exploiting women for dowry or control.
9. Punishment
Anyone convicted under Section 86 can face imprisonment along with a fine. The exact duration of imprisonment depends on the seriousness of the cruelty. By combining custodial punishment with financial penalty, the law ensures offenders face both social and economic consequences.
10. Cognizability
This offence is cognizable, meaning the police can register a complaint and arrest the accused without needing a court-issued warrant. This ensures quick action in cases of cruelty, giving victims immediate protection and stopping the abuse before it escalates.
Examples
- Example 1:
- A husband regularly threatens his wife with violence and isolates her from her family to control her. This repeated emotional abuse and threat of physical harm can drive her to severe mental distress or even suicidal thoughts. This would be considered cruelty under Section 86.
- Example 2:
- A man constantly demands dowry from his wife and her family. When they fail to meet his demands, he harasses them with threats and insults, causing significant psychological harm to the wife. This form of harassment to coerce unlawful demands is also covered under cruelty.
BNS 86 Punishment
Imprisonment: The law prescribes imprisonment for those found guilty of cruelty under this section.
Fine: In addition to imprisonment, a fine may also be imposed as part of the punishment.
BNS 86 bailable or not ?
The offences under BNS Section 86 are generally non-bailable, meaning that the accused cannot easily be released on bail.
Bharatiya Nyaya Sanhita Section 86
| Section | Offense | Punishment | Cognizable or Non-cognizable | Bailable or Non-bailable | By What Court Triable |
|---|---|---|---|---|---|
| 86 | Defines cruelty for Section 85 | Punishable under Section 85 | Cognizable (if reported by the victim or related persons) | Non-bailable | Magistrate of the First Class |
The Bharatiya Nyaya Sanhita (BNS) Section 86 replaces the old Indian Penal Code (IPC) Section 498-A
BNS Section 86 FAQs
What constitutes cruelty under BNS Section 86?
Cruelty includes any intentional act that causes severe mental or physical suffering to a woman.
Is dowry harassment included in BNS Section 86?
Yes, harassment related to dowry demands is considered cruelty.
What is the punishment for cruelty under BNS Section 86?
The punishment can include imprisonment and a fine.
Is bail easily granted for offences under BNS Section 86?
No, offences under this section are generally non-bailable.
Who can file a complaint under BNS Section 86?
The woman herself or any person related to her by blood, marriage, or adoption can file a complaint.
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