Bharatiya Nyaya Sanhita, 2023
BNS Section 85
Husband or relative of husband of a woman subjecting her to cruelty
In one line
BNS Section 85 deals with husband or relative of husband of a woman subjecting her to cruelty and replaces IPC 498A.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 85 | Punishment for subjecting a married woman to cruelty. | Imprisonment for 3 years and fine. | 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. | Non-bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 85
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.
Frequently asked
What was BNS Section 85 in the IPC?
BNS Section 85 (Husband or relative of husband of a woman subjecting her to cruelty) replaces Section 498A of the Indian Penal Code, 1860. IPC 498A is now BNS 85.
What is the punishment under BNS 85?
Punishment for subjecting a married woman to cruelty – punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is 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 and non-bailable, triable by magistrate of the first class.
Is BNS 85 bailable?
Non-bailable: BNS 85. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 80 — Dowry death
- BNS 81 — Cohabitation caused by man deceitfully inducing belief of lawful marriage
- BNS 82 — Marrying again during lifetime of husband or wife
- BNS 83 — Marriage ceremony fraudulently gone through without lawful marriage
- BNS 84 — Enticing or taking away or detaining with criminal intent a married woman
- BNS 86 — Cruelty defined
- BNS 87 — Kidnapping, abducting or inducing woman to compel her marriage, etc
- BNS 88 — Causing miscarriage
- BNS 89 — Causing miscarriage without woman’s consent
- BNS 90 — Death caused by act done with intent to cause miscarriage