BNS Sections 85 & 86: Cruelty by Husband or Relatives in India
Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 (BNS) now contain the principal criminal-law provisions dealing with cruelty by a husband or a relative of the husband towards a woman.
Section 85 provides the punishment. Section 86 defines what “cruelty” means for this offence. For alleged conduct after the BNS came into force on 1 July 2024, complaints, FIR analysis and legal drafting should be based on the BNS rather than mechanically referring only to the former Section 498A IPC.
This guide explains the statutory ingredients, punishment, meaning of cruelty, dowry/property-demand harassment, mental and physical harm, complaint and cognizance under the BNSS, evidence, parallel Domestic Violence Act remedies and defence considerations.
What Does Section 85 BNS Provide?
Section 85 applies where the husband or a relative of the husband subjects a woman to cruelty. The punishment may extend to three years’ imprisonment and the person is also liable to fine.
The official statutory text is available on India Code — Section 85 BNS.
What Is “Cruelty” Under Section 86 BNS?
Section 86 defines cruelty for Section 85 through two distinct statutory limbs.
1. Wilful Conduct Causing Serious Physical or Mental Danger
Cruelty includes wilful conduct of such a nature as is likely to:
- drive the woman to commit suicide; or
- cause grave injury; or
- cause danger to her life, limb or health, whether mental or physical.
This limb is not confined to physical assault. Serious mental cruelty can fall within the definition where the statutory threshold is satisfied.
2. Harassment Connected With Unlawful Property or Valuable-Security Demands
Cruelty also includes harassment where the object is to coerce the woman or a person related to her to meet an unlawful demand for property or valuable security, or where harassment occurs because such a demand was not met.
The official definition can be checked in India Code — Section 86 BNS.
Sections 85–86 BNS and the Former Section 498A IPC
The subject historically associated with Section 498A IPC is now addressed under Sections 85 and 86 BNS. Older judgments on concepts such as cruelty, unlawful demands, specific allegations and evidentiary assessment may continue to be relevant depending on the legal issue and date of conduct, but current drafting should identify the applicable BNS provision where the alleged offence falls under the new code.
The change in statutory numbering is important for legal notices, police complaints, FIR review, bail applications, quashing petitions and matrimonial litigation.
Who Can Be Accused Under Section 85?
The text covers:
- the husband; and
- a relative of the husband.
Liability is not created merely because a person is related to the husband. The allegations and evidence should identify the particular conduct attributed to each accused person. In cases involving several relatives, dates, acts, communications, residence, role and participation become especially important.
What Conduct May Amount to Cruelty?
Whether conduct satisfies Section 86 is fact-specific. Depending on the evidence, allegations may involve:
- serious physical violence;
- repeated threats or conduct causing grave mental-health consequences;
- harassment linked to unlawful demands for money, property, jewellery, vehicle or other valuable security;
- coercion directed at the woman or her relatives to meet unlawful demands;
- conduct alleged to create grave danger to mental or physical health;
- a sustained course of wilful conduct rather than an isolated ordinary matrimonial disagreement.
Not every argument, incompatibility, ordinary marital discord or unpleasant interaction automatically satisfies the criminal definition. The statutory threshold and evidence remain central.
Complaint and Cognizance Under BNSS Section 220
The Bharatiya Nagarik Suraksha Sanhita, 2023 contains a specific provision on prosecution of offences under Section 85 BNS.
Under Section 220 BNSS, a court may take cognizance upon:
- a police report of facts constituting the offence; or
- a complaint by the aggrieved woman; or
- a complaint by specified close relatives such as her father, mother, brother or sister and certain maternal/paternal relatives; or
- with leave of the court, another person related to her by blood, marriage or adoption.
See the official provision at India Code — Section 220 BNSS.
Evidence That Can Matter in a Cruelty Case
Strong cases are built from contemporaneous evidence rather than general accusations. Depending on the facts, relevant material can include:
- WhatsApp messages, SMS, email and other communications;
- audio/video material lawfully obtained and properly proved;
- medical records, MLCs and photographs;
- bank transfers and financial records connected with alleged demands;
- jewellery or stridhan records;
- wedding expenditure or gift records where genuinely relevant;
- complaints made close in time to the alleged conduct;
- statements of family members, neighbours or independent witnesses;
- travel and residence records showing whether a particular relative was present or involved;
- earlier settlement communications, counselling records or legal notices;
- evidence of threats, coercion, injury or serious mental-health impact.
Why Specific Allegations Against Each Relative Matter
In matrimonial cases, complaints sometimes name several members of the husband’s family. A legally sustainable case should distinguish the role of each person instead of treating family relationship itself as proof of cruelty.
For complainants, this means recording specific incidents, dates, demands and participants. For accused relatives, residence records, employment location, travel, communication history and absence from the matrimonial household may become relevant defence material.
Section 85 BNS and the Domestic Violence Act Are Different Remedies
A criminal cruelty allegation and proceedings under the Protection of Women from Domestic Violence Act, 2005 serve different legal purposes and may proceed on overlapping facts.
The Domestic Violence Act can involve civil/protective reliefs such as protection orders, residence orders, monetary relief, custody-related relief and compensation. Section 85 BNS concerns criminal liability for the defined offence of cruelty.
For the interaction between the two kinds of matrimonial proceedings, see our guide on domestic violence and divorce proceedings in India.
Cruelty Under BNS and Cruelty as a Ground for Divorce
Criminal cruelty under Sections 85–86 BNS and matrimonial cruelty as a ground for divorce are not identical legal tests. The same factual events may be relied upon in both proceedings, but each forum applies its own statute, standard and remedy.
A criminal case examines whether the statutory offence is made out. A divorce court may examine whether matrimonial conduct constitutes cruelty under the applicable personal law.
For the broader matrimonial framework, see our divorce law guide for India.
Can Mental Cruelty Fall Under Section 86?
Yes, the statute expressly includes danger to mental health within the first limb of cruelty. However, the wording requires wilful conduct of the specified serious nature. The evidence should show the conduct, its context and the claimed impact rather than rely on the expression “mental cruelty” alone.
Dowry Demand and Section 86
The second limb of Section 86 is wider in wording than casual references to “dowry.” It concerns harassment aimed at coercing the woman or a related person to meet an unlawful demand for property or valuable security, or harassment because the demand was not met.
Where a demand is alleged, record:
- what was demanded;
- who made the demand;
- when and where it was made;
- who heard or received it;
- what followed the refusal or non-payment; and
- what documents, messages or transactions corroborate the allegation.
Defence Considerations in a Section 85 Case
A defence should be evidence-led. Depending on the facts, relevant questions may include:
- Are the allegations specific to the accused?
- Does the alleged conduct meet either limb of Section 86?
- Was the accused living elsewhere or uninvolved?
- Are dates or locations demonstrably impossible?
- Do contemporaneous messages contradict later allegations?
- Was there an ordinary civil/matrimonial dispute without the criminal statutory ingredients?
- Are financial transactions being accurately characterised?
- Is evidence selectively presented or incomplete?
- Do independent documents support or contradict the complaint?
For husband-side strategy on false or exaggerated matrimonial allegations, see the separate current guide on cruelty/498A–BNS defence rather than treating victim remedies and accused-side defence as the same search intent.
What Should an Aggrieved Woman Do?
Where there is immediate danger, personal safety and emergency assistance take priority. For legal preparation:
- preserve contemporaneous communications and documents;
- prepare a date-wise chronology;
- identify each accused person’s specific role;
- preserve medical and financial evidence;
- avoid deleting or altering electronic evidence;
- separately identify criminal relief, Domestic Violence Act relief, maintenance, custody and matrimonial remedies;
- obtain case-specific advice on jurisdiction, complaint/FIR route and urgent protective relief.
Frequently Asked Questions
What replaced Section 498A IPC under the BNS?
The current BNS provisions addressing cruelty by a husband or his relatives are Sections 85 and 86. Section 85 creates the punishable offence and Section 86 defines cruelty.
What is the punishment under Section 85 BNS?
Imprisonment may extend to three years and the person is also liable to fine.
Does Section 86 cover mental cruelty?
It expressly refers to danger to mental as well as physical health, subject to the statutory threshold of wilful conduct described in the provision.
Does every matrimonial dispute amount to Section 85 cruelty?
No. The conduct alleged must satisfy the statutory definition in Section 86. Ordinary discord or a bare allegation is not a substitute for proving the ingredients.
Can relatives of the husband be prosecuted?
Section 85 expressly covers relatives of the husband, but criminal liability depends on the specific conduct and evidence attributed to each accused person.
Who can make a complaint for cognizance?
BNSS Section 220 recognises a police report and complaints by the aggrieved woman and specified relatives, with a further court-leave route for certain other relatives.
Primary Legal Sources
Disclaimer
This article is for legal education and general information only. It is not solicitation or case-specific legal advice. The appropriate criminal, matrimonial, maintenance, residence, custody and protective remedies depend on the facts, date of alleged conduct, jurisdiction and evidence.