BNS Section 85 is a provision within the Bharatiya Nyaya Sanhita (BNS), 2023, which is the new criminal code that replaced the Indian Penal Code (IPC), 1860. This section criminalizes the act of a husband or his relatives subjecting a woman to cruelty.
The provision's origin lies in the former IPC Section 498A, which was introduced in 1983 by the Criminal Law (Second Amendment) Act to address the rising instances of cruelty and dowry-related violence against married women in their matrimonial homes. The BNS, established following a committee led by Ranbir Singh in 2020, maintains this protective mechanism.
BNS Section 85 works by penalizing the husband or any relative of the husband who subjects the woman to cruelty with imprisonment for a term which may extend to three years and a fine. The offense is classified as cognizable and non-bailable. The key mechanism is the definition of "cruelty," which is detailed in the connected BNS Section 86. Cruelty includes any willful conduct likely to drive the woman to commit suicide, cause grave injury or danger to her life or health, or harassment to coerce her or her relatives to meet unlawful demands, such as dowry.
The provision connects directly to the Bharatiya Nyaya Sanhita (BNS) and the procedural law, the Bharatiya Nagarik Suraksha Sanhita (BNSS). The most recent change is its transition from IPC Section 498A to BNS Section 85. While the core offense remains the same, the definition of "cruelty" is now explicitly placed in the separate BNS Section 86, whereas it was part of the explanation under the old IPC Section 498A.