Introduction of Section 86 BNS
Section 86 BNS plays a vital role in safeguarding married women from abuse by clearly defining what constitutes “cruelty.” It goes beyond physical violence and recognizes mental harassment, humiliation, dowry-related demands, and actions that may push a woman towards self-harm or suicide. By offering a clear definition of cruelty, Section 86 strengthens the legal framework introduced in BNS Section 85, which prescribes punishment for cruelty. This provision ensures greater clarity for courts, police, and victims, while modernizing the law compared to IPC Section 498A.
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.
Bharatiya Nyaya Sanhita Section 86
Section 86 of the Bharatiya Nyaya Sanhita (BNS) defines the legal meaning of “cruelty” in the context of marriage. It complements BNS Section 85, which prescribes punishment for subjecting a woman to cruelty. By clearly explaining what constitutes cruelty, this section provides legal clarity, ensures protection for women, and strengthens their rights within marriage.
1. Meaning of Section 86
Cruelty under this section refers to any deliberate act that:
- Causes grave injury to a woman’s physical or mental health.
- Creates a situation that may drive her to commit suicide or self-harm.
- Harasses her or her family for unlawful demands, such as dowry or financial pressure.
Thus, cruelty includes both physical abuse and mental harassment, ensuring that women are safeguarded from all forms of domestic violence.
2. Purpose of Section 86
The objectives of this section are:
- To define cruelty in precise terms so courts and police can apply the law effectively.
- To protect women from violence, harassment, and dowry-related exploitation.
- To strengthen women’s rights within marriage and deter abusive behavior.
3. Essential Ingredients of Section 86
For an act to qualify as cruelty under Section 86, the following must be proved:
a. Intentional Conduct – The accused must deliberately or knowingly cause harm.
b. Physical or Mental Harm – The harm can be physical assault or emotional harassment.
c. Unlawful Demand or Pressure – Dowry-related harassment is specifically recognized as cruelty.
d. Severity – The act must be serious enough to affect the woman’s safety, dignity, or mental health.
4. Punishment under Section 86
Punishment for cruelty defined under Section 86 is covered by Section 85 of BNS:
- Imprisonment: Up to 3 years
- Fine: May also be imposed
- Both imprisonment and fine can be ordered depending on the gravity of the offence.
5. Legal Classification of the Offence
- Cognizable: Yes – Police can arrest without warrant.
- Bailable: No – Offence is non-bailable, bail requires court approval.
- Compoundable: No – Cannot be withdrawn by compromise.
- Triable By: Magistrate of the First Class.
6. Examples of Section 86 in Action
- Example 1: A husband threatens his wife daily, insults her in front of others, and prevents her from contacting her parents. This repeated emotional torture qualifies as cruelty.
- Example 2: In-laws demand additional dowry and constantly harass the wife when she fails to meet it. This harassment falls squarely within the definition of cruelty.
- Example 3 (Not Punishable): Normal disagreements or minor quarrels in a marriage that do not cause grave mental or physical harm may not amount to cruelty.
7. Importance of Section 86
- Provides clear legal definition of cruelty to remove ambiguity.
- Strengthens the enforcement of Section 85 by setting precise standards.
- Protects women against mental, emotional, and financial harassment, not just physical violence.
- Plays a key role in combatting dowry-related abuse and safeguarding women’s dignity.
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 Section 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 | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 86 | Defines “cruelty” in the marital context — includes acts causing grave physical or mental injury, harassment for unlawful demands (e.g., dowry), or conduct likely to drive a woman to suicide or self-harm. | Section 86 is definitional; offences of cruelty are punished under BNS Section 85 — imprisonment up to 3 years and fine. | Offences under this definition are generally Non-Bailable | Cognizable — police can register FIR and arrest without warrant | Magistrate of the First Class |
| IPC Section 498A | 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 (subject to court discretion) | Cognizable — police can arrest without warrant | 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.
Conclusion
Section 86 of the Bharatiya Nyaya Sanhita is a cornerstone in protecting women’s dignity, health, and safety within marriage. By broadly defining cruelty to include both physical and psychological abuse, as well as dowry harassment, it provides strong legal clarity and ensures that offenders cannot exploit loopholes. Together with BNS Section 85, it makes cruelty a cognizable and non-bailable offence, empowering women to seek justice and holding abusers accountable. In essence, BNS Section 86 modernizes India’s legal stance on matrimonial cruelty, offering stronger protection and support for women in abusive marriages.
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Finished with BNS 86 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 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/
- BNS 91 : Act done with intent to prevent child being born alive or to cause it to die after birth .
- https://marriagesolution.in/bns_section/bns-91/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list