BNS Section 86 – Cruelty defined

Amit Kapoor04 mins

IPC Section – 498A

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.

Example:
Vijay, constantly threatens his wife with violence and isolates her from her family in order to control her. This repeated cruelty and abuse can drive his wife to depression and suicidal thoughts. Vijay can be held guilty for cruelty under this Section. 

Key Points of BNS-86

BNS-86 defines “cruelty” for the purposes of Section 85 of the Bharatiya Nyaya Sanhita (BNS). It provides a framework to identify actions that constitute cruelty, particularly in matrimonial and familial relationships.

Definition of Cruelty:

  • Wilful Conduct (Subsection a): This refers to intentional actions that:
    • Drive a Woman to Suicide: Any actions severe enough to compel a woman to consider or attempt suicide.
    • Cause Grave Injury or Danger: Actions that pose a significant threat to a woman’s life, physical well-being, or mental health.
  • Harassment (Subsection b): This includes:
    • Unlawful Demands: Pressuring or coercing a woman or her relatives to meet illegal demands for property or valuables.
    • Failure to Meet Demands: Harassment related to failing to meet such demands, used to intimidate or exploit the woman.

Purpose of Definition:

The definition is designed to protect women from severe mistreatment in marital and familial contexts by criminalizing actions that have significant negative effects on their well-being.

Definitions:

  • Wilful Conduct: Intentional actions taken with knowledge of their potential harm or negative impact.
  • Grave Injury or Danger: Significant harm that threatens a person’s life, health, or safety.
  • Harassment: Persistent, aggressive pressure or intimidation.
  • Unlawful Demand: Requests for property or security that are not legally sanctioned.

Implications:

  • Legal Protection: BNS-86 provides a legal foundation for addressing and penalizing acts of cruelty, ensuring that victims have recourse under the law.
  • Judicial Interpretation: Courts interpret these definitions to assess whether specific actions qualify as cruelty based on their severity and intent.

Summary of BNS-86:

BNS-86 plays a crucial role in protecting individuals from harmful behaviors within domestic and familial settings. It ensures that such actions, particularly those causing serious harm, are legally actionable and subject to penalties.

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