Section 86 BNS

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Introduction of Section 86 BNS

BNS Section 86 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.

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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.

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BNS Section 86 in Simple Points

1. Cruelty Defined:
   • Cruelty includes actions that seriously harm a woman’s mental or physical health or push her towards self-harm.
2. Types of Harm:
   • Both mental and physical abuse are included. This means any serious harm or distress caused by someone’s actions.
3. Harassment for Demands:
   • If someone harasses a woman or her family to get illegal demands like dowry, it’s considered cruelty.
4. Protection Against Suicide:
   • The law aims to prevent situations where cruelty might lead a woman to attempt suicide.
5. Legal Action:
   • Those guilty of cruelty can face jail time and fines. The law helps protect victims and punish offenders.

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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

1. Definition of Cruelty:
   • Cruelty includes any deliberate action that causes severe physical or mental harm to a woman. This can be anything from physical violence to emotional abuse.
2. Intentional Harm:
   • The act of cruelty must be intentional. This means the person committing the act must have intended to cause harm or distress to the woman.
3. Mental and Physical Harm:
   • Both mental and physical harm are covered. This means actions that cause severe mental distress or physical injuries are considered cruelty.
4. Harassment for Unlawful Demands:
   • Harassment aimed at forcing the woman or her family to meet illegal demands, such as dowry, falls under cruelty.
5. Suicidal Tendencies:
   • If the cruelty is so severe that it drives the woman to consider suicide, it is classified as a serious offence.
6. Broad Scope:
   • The definition is broad, covering various forms of abuse, not just physical violence but also emotional and psychological harm.
7. Legal Clarity:
   • The section provides clear guidelines on what constitutes cruelty, helping in the legal process to determine the severity of the offence.
8. Protection for Victims:
   • The law aims to protect women from various forms of cruelty and provide a legal remedy for those affected.
9. Punishment:
   • Those found guilty of cruelty can be punished with imprisonment and a fine, reflecting the seriousness of the offence.
10. Cognizability:
    • The offence is cognizable, meaning that the police can arrest the accused without a warrant and start an investigation based on the complaint.

Examples

1. 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.
2. 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.

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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.

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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.

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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

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The Bharatiya Nyaya Sanhita (BNS) Section 86 replaces the old Indian Penal Code (IPC) Section 498-A

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BNS Section 86 FAQs

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If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.

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