BNS § 85 · In force since 1 July 2024
Section 85 BNS — Cruelty by husband or his relatives
The old IPC 498A, split in two: section 85 punishes the cruelty, section 86 defines it. The words did not change.
In short
- Replaces
- IPC 498A — its Explanation is now s. 86
- Punishment
- Up to 3 years and fine
- Bail
- Non-bailable · cognizable on information from the woman or her relatives · Magistrate of the first class
- Which law applies
- Offence before 1 July 2024 → IPC 498A. On or after → BNS 85.
The text
85.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.
86.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.
Section 86 is printed here because section 85 cannot be read without it. In the IPC it was the Explanation to 498A.
Source: Official BNS Gazette text. BNSS First Schedule and savings provision. NCRB old-to-new section table.
Steps in practice
- 1
Information and FIR
The offence is cognizable only when the information comes from the woman, a relative of hers by blood, marriage or adoption, or — if there is none — a public servant of a class the State notifies (BNSS First Schedule). Because the maximum is three years, the officer may, with a DSP’s permission, first hold a preliminary enquiry of up to fourteen days (BNSS s. 173(3)).
- 2
Arrest is not automatic
Police must satisfy s. 35(1)(b) BNSS and record reasons in writing before arresting; otherwise they issue a notice of appearance under s. 35(3). Arnesh Kumar was decided on exactly this offence.
- 3
Anticipatory bail
The offence is non-bailable, so the husband and relatives named in the FIR often apply to the Sessions Court or High Court under s. 482 BNSS.
- 4
Settlement
Section 85 is not compoundable under s. 359 BNSS. After a genuine settlement, the parties ask the High Court to quash the case under s. 528 BNSS.
What changed from the IPC
One IPC section became two. Not a word of the offence changed. The comparison below summarises the former IPC provisions; it is not a verbatim reproduction.
IPC 498A
Cruelty by a husband or his relative: imprisonment up to three years and fine.
BNS 85Same words
Same words. Renumbered only.
IPC 498A, Explanation
Cruelty included specified wilful conduct endangering the woman or driving her to suicide, and harassment connected with an unlawful demand for property or valuable security.
BNS 86Moved to its own section
“For the purposes of section 85, “cruelty” means—” with the same clauses (a) and (b).
Bail, cognizance and court
| Section | Offence | Punishment | Cognizable | Bail | Tried by |
|---|---|---|---|---|---|
| 85 | Subjecting a married woman to cruelty | 3 yrs and fine | On information from the aggrieved woman, a relative by blood, marriage or adoption, or, if no such relative exists, a notified public servant | Non-bailable | Magistrate of the first class |
BNSS, First Schedule. Section 85 is in neither compounding table under BNSS s. 359. A settlement does not itself end the prosecution.
Which law applies
Which section do I charge?
IPC 498A
Offence committed on or before 30 June 2024. FIR may be later.
BNS 85
Offence committed on or after 1 July 2024.
The date of the offence decides it — not the date of the FIR or charge-sheet (BNS s. 358; Article 20(1) of the Constitution). Where the conduct runs across 1 July 2024, take advice on how the charge is framed.
Charged together with 85
Questions advocates ask
Is 498A bailable?
No. IPC 498A, and now BNS 85, is non-bailable. But the maximum is three years, so police must meet BNSS s. 35(1)(b) and record reasons before arresting, and otherwise issue a notice under s. 35(3). Relatives named in the FIR commonly seek anticipatory bail under s. 482.
Can a 498A case be compromised?
Section 85 is not listed for compounding under BNSS s. 359. A settlement does not itself terminate the prosecution. Any request for relief under the High Court’s inherent powers needs assessment under the applicable law and decisions.
What does cruelty mean under BNS 85?
Section 86 defines cruelty for section 85. It covers the specified wilful conduct likely to drive the woman to suicide or cause grave injury or danger, and specified harassment connected with an unlawful demand for property or valuable security.
Can a husband file a case under section 85?
No. The section protects a woman against her husband and his relatives.