Cruelty: BNS sections 85–86 and legacy IPC section 498A
Cruelty: BNS sections 85–86 and legacy IPC section 498A
Introduction
Criminal cruelty by a husband or his relatives is addressed by sections 85–86 of the Bharatiya Nyaya Sanhita, 2023. IPC section 498A remains relevant to legacy matters under the applicable repeal and savings rules. The date of the alleged conduct and procedural history determine the law to apply.
A complaint and a defence both require careful assessment of facts and evidence. No allegation should be presumed true or false solely because of a party’s gender or family relationship.
What conduct does criminal cruelty cover?
BNS section 85 provides punishment for a husband or his relative who subjects a woman to cruelty. Section 86 covers specified wilful conduct likely to drive her to suicide or cause grave injury or danger to physical or mental health, and harassment connected with an unlawful demand for property or valuable security.
Criminal cruelty, cruelty as a matrimonial ground, and domestic violence are distinct legal concepts with different requirements.
Allied Legal Provisions
Separate provisions on dowry, injury, threats, property or domestic violence may require consideration. The legal ingredients, date of conduct and applicable savings must be checked; section numbers should not be mechanically substituted between the IPC and BNS.
Adultery: In Joseph Shine v Union of India (27 September 2018), the Supreme Court struck down IPC section 497. Adultery must not be described as an offence under that section. Possible matrimonial consequences are a separate question under the applicable marriage law.
Complaint, investigation and court proceedings
Give an accurate account of the alleged conduct, dates and available evidence to the appropriate authority. Registration, any legally permissible preliminary inquiry, investigation, notice, arrest and court proceedings depend on the governing law and circumstances.
A CAW-cell referral or mediation is not a universal prerequisite for every complaint. An FIR does not automatically require arrest, and bail is not automatic. Obtain advice promptly about any notice, summons, arrest concern or court deadline.
What is CAW Cell?
Some police jurisdictions have women’s cells or family-support units with locally defined functions. Check the relevant local procedure. Counselling does not replace urgent protection, lawful police duties or court remedies.
Protection, evidence and fair process
The law addresses serious cruelty within marriage while requiring fair investigation and adjudication. Preserve communications, medical and financial records and court documents lawfully. Avoid threats, destruction of evidence or pressure on witnesses. Safety concerns and disputed allegations need individual attention.
Related remedies
Criminal proceedings, domestic-violence protection, maintenance and matrimonial relief may arise from related facts but have different legal requirements. An appointed advocate should assess the appropriate forum, evidence, limitation and interaction between proceedings.
What is Mediation?
Mediation can help parties explore a voluntary resolution where appropriate and safe. A matrimonial settlement does not automatically close an FIR or criminal case. Any withdrawal, compounding or High Court quashing requires its own lawful route and order.
Responding to a complaint or arrest concern
Obtain the available complaint or FIR details and seek advice on the alleged offences, notices and procedural stage. Anticipatory or regular bail requires assessment; neither can be promised. Respond lawfully to notices and preserve relevant evidence. Quashing is a separate remedy with its own maintainability requirements.
Looking for an expert to guide you more about 498-A and other Matrimonial Laws in India, Consult with the impaneled Matrimonial Experts at She and He Law.
Looking for an expert to guide you more about 498-A and other Matrimonial Laws in India, Consult with the impaneled Matrimonial Experts at She and He Law.
If you are facing Issues in your Matrimonial life and want to have Legal Consultations with the empaneled Matrimonial Experts at SHE & HE LAW: Bridging Legal Excellence.
Sources and further reading
- BNS sections 85–86 and repeal/savings
- BNSS: investigation, bail and section 528
- Joseph Shine v Union of India, 27 September 2018: Misra CJI opinion, paragraphs 56–58
Reviewed 5 October 2026. General information; the applicable law, facts and current court directions require individual assessment.
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