Section 85 of BNS | Cruelty | 498A IPC (Old)
Section 85 of BNS
Section 85 of BNS, 2023 speaks about the Cruelty causing to a woman by her husband and his relative.
498A IPC and Section 85 of the Bhartiya Nayaya Sanhita, 2023 are similar provisions.
Provision of Section 85 BNS, 2023
“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.”
Definition of Cruelty
Section 86 of BNS has defined the meaning of ‘Cruelty’ as per which any type of harassment causing injury or force the woman to take own life or unlawful demand. As per section 85 of BNS :-
(a) Any willful conduct which is of such a nature a is likely to drive the woman to take own life 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.
Ingredients of 85 of BNS, 2023
(a) The woman must be married;
(b) She must be subjected to cruelty or harassment; and
(c) Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.
Court Judgments on Section 85 of BNS
Supreme Court's 498-A IPC judgments may help to understand this provision as section 85 is almost similar to 498A.
Following few example with previous case laws will help to clear doubts on ‘Cruelty’.
Dispute on Validity of Marriage
If the validity of the marriage itself is under legal scrutiny, the demand of dowry in respect of an invalid marriage would be legally not recognizable.
Case Reference: Reema Aggarwal v Anupam, (2004) 3 SCC 199
Mental Torture and Unusual Behaviour Amounts to Cruelty
The Supreme Court held that cruelty need not be physical. Even mental torture or unusual behaviour may amount to cruelty or harassment in a given case.
Case Reference: Gananath Pattnaik v State of Orissa, (2002) 2 SCC 619
Common Domestic Discord is not Cruelty
Usual and common domestic discord in matrimonial home cannot amount to ‘Cruelty’.
Case Reference: Rosamma Kurian v State of Kerala, 2014 Cr LJ 2666 (Ker)
Extra Marital Relation amount to Cruelty
To the question whether 'extra-marital relationship' is 'cruelty' under section 498A IPC, 1860, the Supreme Court has answered the question in negative.
Mere fact that the husband has developed some intimacy with another, during the subsistence of marriage and failed to discharge his marital obligations, as such would not amount to "cruelty".
However, it must be of such a nature as is likely to force the the spouse to take onw life to fall within the explanation to section 498A IPC, 1860.
Case Reference: Pinakin Mahipatray Rawal v State of Gujarat, 2013 (3) Mad LJ (Crl) 700
The accused continued his relation with another woman and his illicit relation with another woman would have definitely created the psychological imbalance to the deceased which led her to take the extreme step of taking onw life. The court upheld the conviction of accused under sections 498-A and 306, IPC.
Case Reference : Siddaling v State, AIR 2018 SC 3829
Cruelty by non-acceptance of baby girl
The Karnataka High Court held the conduct of the accused husband and his father in not accepting the birth of the baby girl as amounting to cruelty.
Case Reference : State of Karnataka v Balappa, 1999 Cr LJ 3064 (Kant).
Outraging of modesty by father-in-law
Trying to outrage the modesty of a married woman in her matrimonial house, by her father-in-law also amounts cruelty as defined under section 498A IPC, 1860.
Case Reference: Manoj Kumar v State of HP, 2016 Cr LJ 5015 (MP)
Bail in Section 85 of BNS
Whenever any woman registered a criminal case against her husband and relative under section 85 of BNS, 2023.
After police arrest the accused persons can file bail application before concerned judicial magistrate.
Accused persons can also file anticipatory bail before Session Court or High Court directly to avoid arrest.