BNS Section 85 – Husband or relative of husband of a woman subjecting her to cruelty

Amit Kapoor04 mins

IPC Section – 498A

Cognizable (only on the complaint of the victim or her
blood relative or notified public servant)
Punishable with imprisonment which may extend to
three years and with fine.

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.

Example:
Vijay and Anita are married. Vijay and his mother constantly demand dowry from Anita and blame her for not bringing wealth after marriage. Anita can file a complaint in the court under this section, which may lead Vinay and his mother to imprisonment for up to 3 years. 

Key Points of Section 85 of the Bharatiya Nyaya Sanhita (BNS)

Section 85 addresses the offense of cruelty by a husband or his relatives towards a woman. Below are the important points and definitions related to this offense:

Applicability:

This section applies to acts of cruelty committed by a woman’s husband or any of his relatives.

Nature of Cruelty:

Cruelty refers to any conduct that:

  • Is likely to drive the woman to commit suicide.
  • Causes grave injury or danger to her life, limb, or health (mental or physical).
  • Harasses her with the intent to coerce her or her relatives into fulfilling unlawful demands for property or valuable security, including dowry.

Punishment:

  • Imprisonment for a term that may extend up to 3 years.
  • The offender is also liable to a fine.

Legal Protection:

This section allows a woman to file a complaint against her husband and his relatives for cruelty, offering protection, especially in cases of dowry-related harassment.

Definitions:

  • Cruelty: Any willful conduct that causes physical or mental harm, harassment, or pressure to meet unlawful demands, such as dowry.
  • Husband’s Relatives: Family members related to the husband, including parents, siblings, and extended family members, who are involved in acts of cruelty.

Summary of Section 85:

  • Offense: Subjecting a married woman to cruelty by her husband or his relatives.
  • Punishment: Imprisonment for up to 3 years and a fine.
  • Cognizable or Non-cognizable: Cognizable if the offense is reported by the woman or her relative (by blood, marriage, or adoption) or by a public servant notified by the State Government.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Magistrate of the First Class.

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