Domestic violence continues to be a serious concern in India especially against women within their marital homes. To address this, the Bharatiya Nyaya Sanhita (BNS) has introduced several provisions. One of the most significant among them is Section 85 of BNS, which criminalizes cruelty by a husband or his relatives toward a woman. The section acts as a protective legal mechanism for women empowering them to seek justice against abusive domestic situations.

Understanding the scope, legal nature, and application of Section 85 BNS is essential for both citizens and professionals in the legal field. It helps in ensuring the law is properly invoked and not misused. Explore other important Judiciary Notes.

Section 85 of BNS

Husband or relative of husband of a woman subjecting her to cruelty

"Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."

Note : "The information provided above has been sourced from the official website, i.e. Indian Code . While the content has been presented here for reference, no modifications have been made to the original laws and orders"

Download 5 Key take aways on Section 85 BNS PDF

In plain terms, Section 85 of BNS punishes cruelty committed by a woman’s husband or his relatives. It specifically targets three broad forms of abuse:

• Physical Cruelty: Beating, assault, or any act causing bodily harm.
• Mental Cruelty: Constant verbal insults, threats, humiliation, or emotional torture.
• Dowry Harassment: Forcing or pressuring a woman or her family to meet illegal financial or material demands.

Under Section 85 BNS punishment, the guilty party can face up to three years of imprisonment along with a fine . The purpose of the section is to protect the dignity and safety of women in their homes .

Section 85 BNS : Essential Elements

To establish an offense under Section 85 of BNS these elements must be be there :

1.Existence of a Relationship: The accused must be the husband or a relative of the husband.

2.Cruelty: The woman must be subjected to:

• Abuse that could lead to suicide or mental breakdown.
• Harm to her physical or mental health.
• Harassment over dowry or illegal demands.

The act must be intentional and sufficient to cause deep suffering or danger to the woman's life.

Understanding the procedural nature of Section 85 helps assess its seriousness :

• Section 85 BNS bailable or not: Non-bailable. Bail is not a right and is granted at the discretion of the court.
• Section 85 BNS cognizable or non-cognizable offense: Cognizable. Police can register an FIR and arrest without court permission.
• Section 85 BNS compoundable or not: Non-compoundable. The complainant cannot take back the case once registered.

Thus, this provision treats domestic cruelty as a severe criminal matter requiring immediate police action.

Comparison: Section 85 BNS vs IPC Section 498A

The comparison between Indian Penal Code and Bhartya Nyaya Sanhita is provided as under -

Both sections serve the same objective—protection of women from abuse—but Section 85 is framed under the newer BNS law.

Section 85 BNS : Judicial Interpretation

Indian courts have continuously interpreted provisions like Section 498A IPC (now Section 85 BNS) with great caution. While the intent of the law is to protect women from real harm, the courts have also noted instances of its misuse.

Courts have clarified that:

• There must be clear, specific allegations of cruelty.
• Vague or general accusations are not sufficient for conviction.
• Investigation must follow fair procedure respecting both the complainant’s rights and the accused’s liberty.

Judicial interpretations stress the need for balance protecting victims while preventing false complaints .

Section 85 BNS : Landmark Judgments 

Some of the landmark judgments are given below :

• Arnesh Kumar v. State of Bihar (2014)
  • The Supreme Court held that arrests under cruelty laws like Section 85 BNS must not be automatic; police must record reasons and follow proper procedure before making arrests.
• Sushil Kumar Sharma v. Union of India (2005)
  • The Court upheld the law’s constitutionality but warned that misuse of provisions like Section 498A (now Section 85 BNS) must not be ignored and courts should stay vigilant.
• Preeti Gupta v. State of Jharkhand (2010)
  • The Court observed that distant relatives are often falsely implicated in cruelty cases and advised lower courts to assess such allegations critically.

Section 85 BNS : Impact

Section 85 of BNS acts as a powerful deterrent against domestic violence and abuse. It empowers women to take legal action and safeguards their rights in marriage. However judicial caution and procedural safeguards are necessary to avoid misuse .

The provision plays a dual role :

• Protective : Offers a legal shield to abused women.
• Preventive : Discourages potential offenders through legal consequences .

The effectiveness of Section 85 lies in its fair application which is justice for victims without arbitrary arrests.

Conclusion

Section 85 of the Bharatiya Nyaya Sanhita is a pivotal tool for addressing domestic cruelty in India. It holds abusers accountable and provides a pathway for women to seek protection and justice. However as courts have rightly noted its strength lies in fair and just enforcement.

A deep understanding of this section helps society move closer to gender justice and legal awareness . Knowing the law is the first step toward using it responsibly .