BNS Section 85 : Husband or Relative of the Husband of a Woman Subjecting Her to Cruelty
Section 85 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses offenses relating to domestic violence and the protection of individuals within marital relationships. This section specifically criminalises acts of cruelty committed by the husband or his relatives towards a woman, including physical, emotional, or mental abuse.
Definition of BNS Section 85
Section 85 of the BNS 2023 States:
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.
Explanation and Illustration of Section 85 (Bharatiya Nyaya Sanhita, 2023)
This provision criminalises acts of cruelty by a husband or his relatives against a woman, typically the wife. It addresses instances where a woman is subjected to physical, mental, or emotional abuse within the marital relationship.
Key Elements of the Offense:
Explanation:
Legal Context:
This provision is similar to Section 498A of the Indian Penal Code, which addresses cruelty against married women and dowry-related harassment. It is an essential tool to combat domestic violence and uphold women's rights in matrimonial relationships. Victims are encouraged to report such acts to law enforcement or seek legal remedies through family courts.
Example
A woman’s husband and his family members repeatedly subject her to physical and emotional abuse, including beating her, making degrading remarks, and denying her basic necessities. This cruelty is inflicted with the intent to cause her harm and suffering. Under Section 85 of the Bharatiya Nyaya Sanhita, the husband and any relative who is involved in this cruelty could face imprisonment for up to three years and may also be liable to a fine for their actions.
Key Points of BNS Section 85
This section applies to acts of cruelty committed by a woman’s husband or any relative of her husband.
Definition of Cruelty
Cruelty under this section includes any behavior that:
Punishment
The penalty for committing such acts includes:
Legal Protection
This provision allows a woman to file a complaint against her husband and his relatives in cases of cruelty, providing legal protection against harassment, particularly in connection to dowry-related issues.
Differences Between Section 85 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 85 and its equivalent Indian penal code IPC section 498A focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 85 | Husband or relative of husband of a woman subjecting her to cruelty. | 498A | No change. |
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FAQs about Section 85 of the Bharatiya Nyaya Sanhita (BNS)
What does 'cruelty' mean under Section 85?
Cruelty refers to acts that cause significant harm to a woman's physical or mental well-being, including physical violence, verbal abuse, harassment, or emotional manipulation by the husband or his relatives, creating a hostile or harmful environment.
Who can be held accountable under Section 85?
Under this section, both the husband and his relatives can be held accountable for subjecting a woman to cruelty, whether the act was committed directly by the husband or facilitated by his family members.
What types of cruelty are covered under Section 85?
Cruelty includes physical abuse (hitting, kicking, etc.), emotional distress (verbal abuse, threats), financial abuse, or any behavior intended to degrade, isolate, or intimidate the woman, causing her harm or distress.
What is the punishment for cruelty under Section 85?
The punishment for cruelty under Section 85 includes imprisonment for a term not less than three years, extending up to seven years, along with a fine, depending on the gravity of the offense.
Can a woman file a complaint under Section 85?
Yes, a woman who experiences cruelty can file a complaint with the police, who will then investigate the case and take appropriate legal action under Section 85 of the BNS.
What evidence is required to prove cruelty under Section 85?
Evidence such as medical records, witness testimonies, photographic evidence of injuries, or written communications like abusive messages can be used to substantiate a case of cruelty under Section 85.
Can the accused defend themselves under Section 85?
Yes, the accused may present a defense by claiming that no cruelty took place or by providing evidence to dispute the allegations. However, the burden of proof lies with the prosecution to prove the offense.
