Section 86 BNS: Cruelty defined

Bharatiya Nyaya Sanhita, 2023

Section 86 BNS at a Glance

Section 86 BNS defines cruelty.

Punishment

None prescribed by this section.

Section 86 BNS Bare Act Text

86. Cruelty defined

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.

Source: Section 86, Bharatiya Nyaya Sanhita, 2023

Section 86 BNS in Simple Words

Section 86 of the Bharatiya Nyaya Sanhita (BNS) defines the term cruelty for the purposes of Section 85 BNS. It applies to conduct directed against a woman and sets out two distinct categories of behaviour that amount to cruelty under the law.

Under clause (a), cruelty means any wilful conduct of such a nature as is likely to drive the woman to commit suicide, or to cause grave injury or danger to her life, limb, or health, whether mental or physical. Under clause (b), cruelty means harassment of the woman with a view to coercing her, or any person related to her, to meet any unlawful demand for any property or valuable security, or harassment on account of the failure by her or any person related to her to meet such a demand.

Because Section 86 BNS is purely a definition section, it prescribes no punishment of its own. Instead, it explains what conduct qualifies as cruelty when applying Section 85 BNS, covering both deliberate harm to mental or physical wellbeing and harassment linked to unlawful demands for property or valuable security.

Ingredients of Section 86 BNS

  • The case must relate to cruelty for the purposes of Section 85 BNS
  • There is wilful conduct towards the woman
  • That conduct is likely to drive the woman to commit suicide, or cause grave injury or danger to her life, limb, or mental or physical health
  • Or there is harassment of the woman
  • Such harassment is to coerce her or a related person to meet an unlawful demand for property or valuable security, or is because that demand was not met

Punishment Under Section 86 BNS

Imprisonment

None prescribed by this section.

Fine

None prescribed by this section.

Section 86 BNS defines cruelty towards a woman for the purposes of Section 85 BNS and does not itself prescribe any punishment.

Example of Section 86 BNS

Near Nagpur, Anjali was repeatedly abused by her husband Rakesh and his sister Shalini after marriage. They kept demanding that Anjali bring money from her parents for a car. When she refused, Rakesh threatened to throw her out, stopped her from speaking to her family, and beat her badly enough to make her fear for her life and mental health. Shalini joined in by taunting her daily about the unpaid demand. This falls within cruelty because there was harassment to coerce an unlawful demand for property and wilful conduct likely to cause grave injury or danger to her mental and physical health.

When Section 86 BNS Does Not Apply

  • Ordinary marital arguments without wilful conduct likely to drive the woman to suicide or cause grave injury or danger to life, limb, or health
  • Harassment not connected to any unlawful demand for property or valuable security and not of the kind described in clause (a)
  • A lawful request for household expenses, without coercion, harassment, or danger of the kind stated here
  • Conduct towards a person other than the woman, where the woman herself is not subjected to the wilful conduct or harassment described in this section

Previous Law (IPC)

In the Indian Penal Code, the definition of cruelty was contained in the Explanation to Section 498A IPC. In the Bharatiya Nyaya Sanhita, 2023, that definition has been placed into a separate section as Section 86 BNS for the purposes of Section 85 BNS. Both clauses (a) and (b) of the definition remain unchanged in substance.

FAQs on Section 86 BNS

What counts as cruelty to a married woman under Section 86 BNS?▼

Section 86 BNS defines cruelty for the purposes of Section 85 BNS. It includes wilful conduct likely to drive a woman to commit suicide or cause grave injury or danger to her life, limb, or mental or physical health. It also includes harassment to force her or her relatives to meet an unlawful demand for property or valuable security, or harassment because that demand was not met.

What has to be proved to show cruelty under Section 86 BNS?▼

The conduct must fit one of the two parts in Section 86 BNS. Either there must be wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb, or health, or there must be harassment linked to an unlawful demand for property or valuable security. The link between the conduct and these results or demands is the key point.

Does Section 86 BNS itself give the punishment for cruelty?▼

No. Section 86 BNS only defines what "cruelty" means for the purposes of Section 85 BNS. The punishment is not set out in the text of Section 86 itself and depends on the provision that applies.

Is every marital dispute or family argument cruelty under Section 86 BNS?▼

No. Section 86 BNS does not cover every quarrel or unhappy incident in a marriage. The behaviour must be wilful conduct of the kind described in clause (a), or harassment connected to an unlawful demand for property or valuable security under clause (b).

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 15 Oct 2026 ·