Section 86 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 86 of the Bharatiya Nyaya Sanhita (BNS), 2023 defines the term "cruelty" for the purposes of Section 85, which addresses the offence of a husband or his relative subjecting a woman to cruelty. This provision is largely a verbatim reproduction of Section 498A of the Indian Penal Code (IPC)
📜 Text of Section 86 – Cruelty Defined
For the purposes of Section 85, "cruelty" means:
(a) Any wilful conduct that is 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 of the woman with a view to coercing her or any person related to her to meet any unlawful demand for property or valuable security, or on account of her or her relatives' failure to meet such demand .
⚖️ Judicial Perspective and Legislative Recommendations
In May 2024, the Supreme Court of India, while quashing a domestic violence case under Section 498A IPC, observed that Sections 85 and 86 of the BNS are a verbatim reproduction of Section 498A IPC. The Court noted that these provisions have been subject to misuse and requested the legislature to consider making necessary changes to avoid false or exaggerated complaints .
The Court's observations highlight the need for a re-evaluation of these provisions to ensure they are not misused, while still protecting the rights of women.
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