The offence
Section 85 of the Bharatiya Nyaya Sanhita, 2023 punishes a husband or relative of the husband who subjects a woman to cruelty. Section 86 defines cruelty. These replace Section 498A of the IPC.
What counts as cruelty
- Wilful conduct likely to drive the woman to suicide or cause grave injury or danger to life, limb or health, mental or physical
- Harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security, including dowry
Arrest safeguards
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that arrest should not be automatic in offences punishable with up to seven years, and that police must follow the procedure now reflected in Section 35 BNSS. Magistrates must examine whether detention is justified.
Related offences
- Dowry death — Section 80 BNS (formerly 304B IPC)
- Offences under the Dowry Prohibition Act, 1961
- Proceedings under the Protection of Women from Domestic Violence Act, 2005
If you are the complainant
- Keep records of incidents, messages and medical treatment
- Note names of witnesses
- Consider protection orders under the Domestic Violence Act alongside a criminal complaint
If you are accused
- Obtain a copy of the FIR and take advice on bail promptly
- Do not contact or pressure the complainant
- Preserve evidence of your version of events
Frequently asked questions
Can such a case be settled?
The offence is non-compoundable, but where parties settle, the High Court may in appropriate cases quash the proceedings on the basis of the settlement.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.