Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalizes cruelty inflicted upon a woman by her husband or his relatives. The provision stipulates that anyone who subjects a woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to a fine.
Definition of "Cruelty"
Section 86 of the BNS defines "cruelty" as:
(a) Any wilful conduct likely to drive the woman to commit suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical)
(b) Harassment with a view to coercing her or any person related to her to meet any unlawful demand for property or valuable security.
This definition encompasses both physical and mental harm.
Supreme Court's Observations
In May 2024, the Supreme Court noted that Sections 85 and 86 of the BNS are essentially a verbatim reproduction of Section 498A of the Indian Penal Code (IPC). The only difference is that the Explanation to Section 498A of the IPC is now a separate provision, i.e., Section 86 of the BNS. The Court expressed concerns about the potential misuse of these provisions for lodging false or exaggerated complaints and requested the Centre to consider making necessary changes before these provisions come into force on July 1, 2024.
Key Takeaways
Applicability: Applies to cruelty inflicted by a woman's husband or his relatives.
Punishment: Imprisonment for up to three years and a fine
Definition of Cruelty: Includes both physical and mental harm.
Supreme Court's Concern: Potential for misuse and the need for legislative review.
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