Introduction of Section 85 BNS
Section 85 BNS deals with one of the most serious issues in marital relationships – cruelty against women by their husbands or in-laws. This provision ensures legal protection for married women who are subjected to physical, mental, or emotional abuse within their marital home. By criminalizing acts of cruelty, Section 85 sends a strong message that harassment, dowry demands, domestic violence, and mental torture will not be tolerated in society. The law empowers women to seek justice and holds husbands or relatives accountable for such abusive behavior.
With imprisonment of up to three years and a fine, Section 85 BNS acts as a strict deterrent while reinforcing women’s rights and dignity in marriage. It is a cognizable and non-bailable offense, ensuring swift police action and protection for the victim.
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
BNS Section 85 deals with cases where a husband or his relatives subject a married woman to cruelty, whether physical, mental, or emotional. The provision ensures protection of women from abuse within marriage and punishes those responsible. It is the modern equivalent of IPC Section 498A.
1. Meaning of Section 85
This section applies when a husband or his relatives commit acts of cruelty against a married woman.
Cruelty includes:
- Inflicting physical harm or violence.
- Causing grave mental harassment, humiliation, or emotional torture.
- Dowry-related harassment or unlawful demands.
- Any act that makes life intolerable or unsafe for the woman.
The law covers both physical violence and mental cruelty, ensuring wide protection.
2. Purpose of Section 85
The main purposes of this section are:
- To safeguard married women from domestic violence and harassment.
- To discourage dowry-related abuse within marital families.
- To hold husbands and in-laws accountable for cruelty.
- To ensure women’s dignity, safety, and equality in marriage.
3. Essential Ingredients of Section 85
For an act to fall under Section 85, the following must be established:
a. Relationship – The accused must be the husband or a relative of the husband.
b. Cruelty – The woman must have been subjected to cruelty (physical harm, mental harassment, or emotional abuse).
c. Intent or Knowledge – The cruelty must be deliberate or with knowledge of causing suffering.
4. Punishment under Section 85
- Imprisonment: Up to 3 years
- Fine: In addition to imprisonment
This dual punishment ensures both deterrence and justice for the victim.
5. Legal Classification of the Offence
- Cognizability: Cognizable – police can arrest without warrant.
- Bailability: Non-Bailable – accused cannot get bail as a matter of right.
- Compoundability: Non-Compoundable – case cannot be withdrawn through compromise.
- Triable By: Magistrate of the First Class.
6. Examples of Section 85 in Action
- Example 1: A husband regularly beats his wife for not bringing enough dowry. This is cruelty under Section 85.
- Example 2: In-laws mentally harass a woman by constantly humiliating her and threatening her safety. This falls under cruelty.
- Example 3 (Not Punishable): Minor disagreements or ordinary quarrels without serious harm or harassment may not qualify as cruelty under Section 85.
7. Importance of Section 85
- Protects women from domestic cruelty in all forms.
- Acts as a deterrent against harassment by husbands and in-laws.
- Strengthens women’s rights and dignity in marriage.
- Replaces IPC Section 498A with a more structured provision under BNS.
Section 85 BNS Domestic Violence 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
1. Protection from Cruelty
This section is specially made to protect married women from cruelty by their husband or in-laws. Cruelty is not limited to physical beatings; it also covers emotional, financial, or mental torture. The purpose is to ensure that women feel safe in their matrimonial homes.
Example: If in-laws keep demanding dowry and threaten the woman daily, it is cruelty, even if they never hit her.
2. Broad Meaning of Cruelty
Cruelty under this law has a very wide meaning. It includes:
- Physical violence (beating, slapping, etc.)
- Mental harassment (constant insults, threats, humiliation)
- Emotional abuse (ignoring, isolating, or scaring the woman)
- Financial cruelty (forcing her to bring money or denying her basic needs)
Example: If a husband locks his wife in a room without food or insults her in front of relatives, it is cruelty.
3. Punishment Includes Jail
The law treats cruelty as a serious crime. The guilty husband or in-laws can be sent to jail for up to 3 years. The idea is to create fear of punishment so that no one dares to torture women.
Example: A man who continuously beats his wife may be sentenced by the court to 2 or 3 years of imprisonment.
4. Fine Along with Jail
Apart from imprisonment, the court can also impose a fine. This is an additional financial punishment so that the guilty person not only loses freedom but also faces monetary loss.
Example: If a husband harasses his wife for dowry, the court may punish him with 1 year of imprisonment plus a fine of ₹20,000.
5. Cognizable Offence (Police Power)
Cruelty under Section 85 is cognizable, which means police do not need prior permission or a warrant to arrest the accused. This ensures quick protection for the woman without unnecessary delays.
Example: A woman calls the police for help. Police can immediately arrest her husband without waiting for court approval.
6. Non-Bailable Offence
This offence is non-bailable, meaning the accused cannot simply pay money and walk free. They must go to court and request bail. The judge will only grant bail after carefully examining the seriousness of the case.
Example: A man accused of cruelty cannot be released from jail the same day by giving money to police. He must appear in court, and the judge will decide about bail.
7. Complaint by Woman or Relatives
The law gives the right to complain not only to the woman herself but also to her family members like parents, brother, sister, or other close relatives. This ensures that even if the woman is scared or pressured, someone can still seek justice for her.
Example: A woman is afraid to complain against her husband. Her brother goes to the police station and files a case on her behalf.
8. Role of Public Servants
If a woman has no relatives to support her, the law empowers public servants like social workers, government officers, or women protection officers to step in and file the complaint. This ensures no woman is left helpless.
Example: A social worker visits a house, finds a woman being harassed for dowry, and immediately files a police complaint.
9. Trial by Magistrate of First Class
Cases under Section 85 are tried by a Magistrate of the First Class. This type of Magistrate has the authority to give punishments like imprisonment and fines. This ensures that cases of cruelty are handled by an experienced and capable legal authority.
Example: A woman’s complaint of cruelty is taken up by a Magistrate, who hears her side and then decides the punishment for the guilty husband.
10. Protection of Women’s Rights
The biggest aim of Section 85 is to protect women’s dignity, rights, and safety inside marriage. It sends a strong message to society that harassment and cruelty within marriage will not be tolerated.
Example: A woman who was constantly tortured by her in-laws gets justice when they are punished. This shows society that women’s rights must be respected.
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.
Comparison: BNS Section 85 vs IPC Section 498A
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 85 | Addresses cruelty by husband or his relatives towards a married woman, including physical harm, mental harassment, or emotional abuse. | Imprisonment up to 3 years and fine. | Non-Bailable | Cognizable (police can arrest without warrant) | Magistrate of the First Class |
| IPC Section 498A (Old) | Punishes cruelty by husband or his relatives towards a married woman, including physical or mental cruelty and dowry-related harassment. | Imprisonment up to 3 years and fine. | Non-Bailable | Cognizable | 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
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.
Conclusion
BNS Section 85 is a crucial safeguard for women against cruelty within marriage. By defining cruelty to include both physical harm and mental harassment, this law recognizes the many forms of abuse women may face at the hands of husbands or in-laws. The provision not only prescribes punishment but also ensures that women are not left helpless, as complaints can be filed by the victim, her relatives, or even public servants.
In essence, Section 85 BNS reinforces India’s commitment to women’s rights, dignity, and safety in the family structure. It stands as a legal weapon against domestic cruelty, ensuring justice and protection for married women while discouraging abusive practices in society.
Need Legal Support?
If you are dealing with court cases, marriage problems, or any other legal issue, our team at Marriage Solution – Lawyer Help is here for you. Simply fill out our quick online enquiry form, and we’ll connect you with the right legal expert to support your needs.
Finished with BNS 85 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
Of Offences Relating To Marriage
- Section 86 BNS : Cruelty defined .
- https://marriagesolution.in/bns_section/section-86-bns/
- 87 BNS : Kidnapping, abducting or inducing woman to compel her marriage, etc .
- https://marriagesolution.in/bns_section/87-bns/
- Section 88 BNS : Causing miscarriage .
- https://marriagesolution.in/bns_section/section-88-bns/
- BNS 89 : Causing miscarriage without woman’s consent .
- https://marriagesolution.in/bns_section/bns-89/
- BNS 90 : Death caused by act done with intent to cause miscarriage
- https://marriagesolution.in/bns_section/bns-90/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list