Section 85 BNS: Husband or relative of husband of a woman subjecting her to cruelty
Bharatiya Nyaya Sanhita, 2023
Section 85 BNS at a Glance
Section 85 BNS deals with husband or relative of husband of a woman subjecting her to cruelty. It is non-bailable, triable by Magistrate of the first class; it replaced Section 498A IPC on 1 July 2024.
Imprisonment for up to three years.
Section 85 BNS Bare Act Text
85. Husband or relative of husband of a woman subjecting her to cruelty
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.
Source: Section 85, Bharatiya Nyaya Sanhita, 2023
Section 85 BNS in Simple Words
Section 85 of the Bharatiya Nyaya Sanhita (BNS) this section deals with cruelty by a husband or his relatives towards a married woman. It applies where the conduct is likely to drive the woman to suicide, cause grave injury to her life, limb or health, or where there is harassment linked to unlawful demands for property or valuable security, including dowry-related pressure. The law is meant to protect women from abuse inside the matrimonial home, where evidence is often difficult to gather. In practical terms, this provision is often used in complaints about harassment, physical abuse, threats, or repeated pressure for money, gifts, or property.
It can be invoked not only against the husband but also against relatives who take part in the cruelty. At the same time, the police and courts examine the facts carefully, because not every marital dispute amounts to cruelty in law. The nature of the conduct, its frequency, and the link with unlawful demand are all important.
Ingredients of Section 85 BNS
- Status of the accused as the husband or a relative of the husband of the woman
- Subjecting the woman to cruelty by such husband or relative
- Cruelty consisting of wilful conduct likely to drive her to suicide or cause grave injury or danger to life, limb or health, whether mental or physical
- Cruelty consisting of harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security
Punishment Under Section 85 BNS
Imprisonment for up to three years.
The offender is also liable to fine. The section prescribes no limit.
The First Schedule prints "Non-bailable" for this section absolutely, but makes it cognizable only where the information is given by the person aggrieved, by a person related to her by blood, marriage or adoption, or, if there is no such relative, by a public servant of a class or category the State Government notifies.
- Cognizable: Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf
A husband, or a relative of the husband, who subjects a woman to cruelty is punishable with imprisonment for up to three years, and is also liable to fine. It is non-bailable. It is cognizable only where the information is given by the woman, her specified relative, or a notified public servant.
Example of Section 85 BNS
When Section 85 BNS Does Not Apply
- The accused is neither the husband of the woman nor a relative of her husband
- The accused did not subject the woman to cruelty
- The conduct is not wilful conduct likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health, whether mental or physical
- The harassment is not with a view to coercing the woman or any person related to her to meet any unlawful demand for property or valuable security, and is not on account of failure to meet such demand
Section 85 BNS in the IPC (Previous Law)
Section 85 BNS replaces Section 498A IPC from the old criminal code.
Section 498A IPC corresponds to Section 85 BNS with the same heading, text and punishment. The Explanation defining cruelty is now enacted as Section 86 BNS, preserving both clauses.
View IPC Section 498A →FAQs on Section 85 BNS
Can a husband’s sister or parents be charged under Section 85 BNS?▼
Yes, if there is specific material showing that they took part in the cruelty. Mere relationship is not enough. The complaint should show their individual role.
Under Section 85 BNS, does every marital dispute amount to cruelty?▼
No. Ordinary disagreements, incompatibility, or a broken marriage do not automatically attract this provision. There must be conduct that meets the legal meaning of cruelty.
Is the offence under Section 85 BNS bailable?▼
No, it is generally treated as non-bailable. Bail depends on the facts, the evidence, and the court’s view of the case.
Under Section 85 BNS, what happens if the complaint is false or exaggerated?▼
The accused can seek bail, quashing, or discharge depending on the stage of the case. Courts also look for specific allegations, not vague or omnibus statements against the whole family.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·