BNS Section 86 : Cruelty Defined
Section 86 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It defines the offense of cruelty, focusing on acts that cause physical or mental harm, particularly within familial or domestic settings. This section aims to address instances where individuals are subjected to intentional suffering or harassment that impacts their well-being.
Definition of BNS Section 86
Section 86 of the BNS 2023 States:
For the purposes of section 85, 'cruelty' means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet
such demand.
Explanation and Illustration of Section 86 (Bharatiya Nyaya Sanhita, 2023)
The explanation for the definition of 'cruelty' under Section 85 of the Bharatiya Nyaya Sanhita (BNS) is as follows:
Clause (a):
Cruelty includes any intentional behavior or actions that are severe enough to:
Clause (b):
Cruelty also includes acts of harassment specifically aimed at:
Overall Objective:
The provision seeks to protect women from abusive, harmful, or exploitative behaviors, particularly in domestic or marital relationships. It criminalises actions that lead to severe physical or psychological harm or involve coercion related to dowry or other illegal demands.
Example:
A woman is repeatedly harassed by her husband and his family members, who demand a large sum of money as a dowry. When she is unable to meet these demands, they start emotionally abusing her, belittling her, and threatening her with violence. The constant stress and humiliation lead her to contemplate suicide. This behavior falls under the definition of ‘cruelty’ as described in Section 86, which includes harassment with the intent to coerce the woman or her family into fulfilling unlawful demands. The husband's actions, including the physical and emotional abuse, could lead to punishment under Section 85, with imprisonment for up to three years and a fine.
Key Points of BNS Section 86
BNS-86 outlines the definition of 'cruelty' under Section 85 of the Bharatiya Nyaya Sanhita (BNS), providing criteria to identify acts of cruelty, particularly within matrimonial and familial relationships.
Willful Conduct (Subsection a): Intentional actions that
Differences Between Section 86 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 86 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 |
|---|---|---|---|
| 86 | Cruelty defined. | 498A | Explanation IPC Section 498A has been bifurcated into Sections 85 and 86. The IPC explanation part has been provided in Section 86 BNS under the heading Cruelty defined. |
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FAQs about Section 86 of the Bharatiya Nyaya Sanhita (BNS)
Does this section cover economic harassment?
Yes, economic harassment, such as demands for dowry or financial coercion, falls under the definition of cruelty, as it often causes significant mental and emotional distress.
What is the role of intent in proving cruelty?
The accused must have intentionally committed acts likely to cause harm or distress to the woman; accidental or unintentional acts may not qualify under this provision.
Can a complaint under Section 86 be filed for dowry demands?
Yes, dowry-related harassment, including demands for money, property, or other valuables, is explicitly recognised as a form of cruelty punishable under this section.
Does Section 86 address threats or intimidation?
Yes, threats or intimidation causing mental trauma or compelling a woman to meet unlawful demands fall under the ambit of cruelty as per this section.
How does this section protect women’s rights?
Section 86 ensures accountability for actions that harm women physically, emotionally, or financially, safeguarding their dignity and promoting justice in domestic settings.
Are false allegations of cruelty punishable?
While Section 86 focuses on protecting victims, filing false allegations with malicious intent is a punishable offense under other provisions of the law.
What steps can victims take under Section 86?
Victims can file a complaint with the police or approach the judiciary to initiate legal proceedings, seeking protection and justice under this provision.
