In our society, marriage is often viewed as a sacred bond. However, the sad truth is that many women face suffering and cruelty within their own homes, inflicted by the very people who are supposed to care for them— their husbands and in-laws. It is heartbreaking to know that a woman’s life can be torn apart by those she trusts the most. The law recognizes this pain and aims to protect women from such cruelty. BNS Sec. 85 and 86 Cruelty offer a ray of hope, giving these women a way to seek justice and restore their dignity.
Sec. 85 and 86 : Cruelty of the Bharatiya Nyaya Sanhita: Provision
Husband or relative of husband of a woman subjecting her to cruelty
85. 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
Cruelty defined
86. 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.
Explanation of Sections 85 and 86 Cruelty of the Bharatiya Nyaya Sanhita :
Section 85 of the Bharatiya Nyaya Sanhita (BNS) deals with the offence of cruelty by a husband or the husband’s relatives towards a woman. If the husband or any of his relatives subjects a woman to cruelty, they can be punished with imprisonment for up to three years and may also be fined.
Section 86 defines what constitutes “cruelty” under Section 85. Cruelty includes:
- Wilful conduct that is so severe that it could drive the woman to commit suicide or cause serious harm to her physical or mental health.
- Harassment with the intent of coercing the woman or her relatives to meet any unlawful demand for property or valuable security, or harassment due to their failure to meet such demands.
Ingredients of Sections 85 and 86
To establish an offence under Section 85, the following elements must be proven:
1. Relationship : The accused must be the husband or a relative of the husband.
2. Cruelty involves both mental and physical harm
3. Subjecting to Cruelty : The woman must be subjected to cruelty, as defined in Section 86.
4. Wilful Conduct : The conduct must be deliberate and likely to cause severe harm or drive the woman to suicide.
5. Harassment : The harassment must be linked to an unlawful demand for property or valuable security.
Comparison with Section 498A of the Indian Penal Code (IPC)
Section 85 of the BNS is quite similar to Section 498A of the IPC, which also deals with cruelty towards a woman by her husband or his relatives. However, there are some distinctions:
- – Definition of Cruelty : Both provisions define cruelty in a similar manner, focusing on the physical or mental harm caused to the woman, and harassment related to unlawful demands. However, the wording and scope might differ slightly to adjust with modern legal interpretations and social contexts.
- Punishment : The punishment under both sections is also similar, with a maximum of three years of imprisonment and a fine.
Recent and significant cases of SC and HC :
1. Arnesh Kumar v. State of Bihar (2023) Supreme Court of India
In this case, the Supreme Court reiterated the need to prevent the misuse of Section 498A of the IPC. The Court emphasized that arrests under Section 498A should be made only when absolutely necessary and that the police must follow the guidelines set forth in the earlier Arnesh Kumar v. State of Bihar (2014) judgment. The Court underlined that cruelty should be proven with clear evidence, and the mere filing of a complaint does not justify an automatic arrest. This case highlights the importance of balancing the protection of women with the need to prevent the misuse of legal provisions.
2. Rajesh Sharma v. State of Uttar Pradesh (2023) Supreme Court of India
The Supreme Court in this case discussed the issue of false cases filed under Section 498A. The Court recommended that Family Welfare Committees be established to look into the complaints before any action is taken. It also highlighted that courts should ensure that false cases do not lead to the unjust punishment of the accused. The case underscored that cruelty must be assessed in the context of the specific facts and circumstances of each case.
3. Poonam Rani v. State of Haryana (2024) Punjab and Haryana High Court
The Punjab and Haryana High Court dealt with a case where the woman alleged cruelty due to dowry demands. The Court observed that dowry-related cruelty must be interpreted broadly to include not just physical harm but also mental harassment. The Court emphasized that the mental well-being of the woman is equally important, and harassment that leads to severe mental distress can also be considered cruelty under Section 498A. This case reinforced the broader interpretation of cruelty to protect women from various forms of abuse.
READ MORE: Mutual Consent Divorce: A four Step Process, Section 77 Voyeurism of the Bharatiya Nyaya Sanhita (BNS), Section 318 Cheating of the Bharatiya Nyaya Sanhita (BNS)
4. Shalini v. State of Karnataka (2024) Karnataka High Court
In this case, the Karnataka High Court discussed the importance of corroborative evidence in cases filed under Section 498A. The Court held that while the woman’s testimony is crucial, it should ideally be supported by other evidence to establish the occurrence of cruelty beyond a reasonable doubt. The judgment highlighted that allegations must be substantiated with tangible evidence, especially when severe consequences like imprisonment are at stake.
5. Suhasini v. State of Maharashtra (2024) Bombay High Court
The Bombay High Court dealt with a case involving cruelty where the husband and in-laws were accused of harassment related to dowry demands. The Court reiterated that cruelty includes both physical and mental harassment and must be assessed in light of the circumstances. The Court also emphasized the need for prompt reporting of such cases to avoid delays that could weaken the prosecution’s case. The judgment highlighted that both direct and circumstantial evidence can be used to prove cruelty.
Significant Points to Consider as per Court’s Interpretation :
1. Misuse of Legal Provisions : Courts are increasingly cautious about the misuse of Section 498A and similar provisions, emphasizing the need for evidence before making arrests.
2. Broad Interpretation of Cruelty : Cruelty is interpreted broadly to include mental harassment and not just physical abuse, especially in dowry-related cases.
3. Corroborative Evidence : Courts stress the importance of corroborative evidence to support the woman’s allegations, ensuring a fair trial for the accused.
4. Prompt Reporting : Timely reporting of cruelty is crucial, as delays can weaken the prosecution’s case.
These cases reflect the judiciary’s efforts to balance the protection of women’s rights with the prevention of the misuse of legal provisions. Understanding these rulings is essential for any law student or practitioner working in this area of law.
Summary
Sections 85 and 86 Cruelty of the Bharatiya Nyaya Sanhita (BNS) 2023 address the issue of cruelty by a husband or his relatives towards a woman. Section 85 outlines the punishment for such cruelty, which can include up to three years of imprisonment and a fine. Section 86 defines what is meant by “cruelty,” focusing on severe, intentional actions that could push a woman to commit suicide or cause serious harm to her physical or mental health, as well as harassment related to unlawful demands, such as dowry.
This article also compares these provisions with Section 498A of the Indian Penal Code (IPC), pointing out the similarities and discussing recent court rulings that stress the importance of evidence to prevent the misuse of these laws. Additionally, it reviews significant court cases that highlight the broad interpretation of cruelty, the need for supporting evidence, and the importance of reporting cruelty promptly to ensure that justice is served for women who suffer in silence
Disclaimer :
This article is intended for educational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy of the information provided, readers are encouraged to consult with a qualified legal professional for specific legal guidance related to their circumstances.
