Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a husband, or a relative of the husband, who subjects a woman to cruelty. It is the direct successor of the widely known Section 498A IPC, carried into the new code without substantive change. What counts as "cruelty" is defined separately in Section 86 BNS.
What Section 85 BNS provides
Whoever, being the husband or the relative of the husband of a woman, subjects the woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
What "cruelty" means (Section 86 BNS)
- wilful conduct of such a nature as is likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health (mental or physical); or
- harassment of the woman with a view to coercing her, or any person related to her, to meet an unlawful demand for property or valuable security - the dowry-harassment limb - or on account of failure to meet such a demand.
Procedure and safeguards
The offence is cognizable and non-bailable, triable by a Magistrate of the first class. At the same time, because the punishment does not exceed seven years, the Supreme Court's arrest safeguards apply: after Arnesh Kumar v. State of Bihar (2014), arrest is not automatic - the police must record specific reasons justifying arrest, otherwise proceed by a notice of appearance, and magistrates must scrutinise any detention. The offence is not compoundable; where the spouses genuinely settle, the usual route is a quashing petition before the High Court (Section 528 BNSS).
What changed from Section 498A IPC
Nothing of substance - the provision was renumbered from 498A IPC to 85 BNS, with cruelty's definition moved into its own section (86 BNS). The case law developed under 498A continues to apply.
Facing harassment in your matrimonial home, or an accusation under this section? Both sides of these cases turn on early, careful advice. Talk to a lawyer in your city or browse advocates in the Free Law directory.
Frequently Asked Questions
What is Section 85 BNS?
Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes a husband, or a relative of the husband, who subjects a woman to cruelty, with imprisonment of up to three years and fine. It is the renumbered Section 498A IPC; cruelty is defined in Section 86 BNS.
What is Section 498A IPC called now?
Section 85 BNS, with the definition of cruelty placed separately in Section 86 BNS. The provision is otherwise unchanged, so the case law under 498A continues to apply.
What counts as cruelty under this section?
Wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb or health (mental or physical), and harassment of the woman - or her relatives - to coerce an unlawful demand for property, the dowry-harassment limb.
Is Section 85 BNS bailable, and is arrest automatic?
The offence is cognizable and non-bailable, triable by a Magistrate of the first class. Arrest is not automatic: under Arnesh Kumar v. State of Bihar (2014), the police must record specific reasons before arresting in offences punishable up to seven years, and can instead issue a notice of appearance.
Can a Section 85 BNS case be settled?
The offence itself is not compoundable. Where the parties genuinely reconcile or settle, the accepted route is a petition to the High Court to quash the proceedings under Section 528 BNSS (the old Section 482 CrPC).
What is the punishment under Section 85 BNS?
Under Section 85 BNS, a husband or a relative of the husband who subjects a woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
How is cruelty defined under Section 86 BNS?
Cruelty includes wilful conduct likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health. It also covers harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security.
Is an offence under Section 85 BNS bailable and compoundable?
The offence under Section 85 BNS is cognizable and non-bailable, and it is not compoundable. Where spouses genuinely settle, the usual procedure is filing a quashing petition before the High Court under Section 528 BNSS.
