Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of cruelty inflicted by a husband or his relatives upon a woman. This provision is largely a verbatim reproduction of Section 498A of the Indian Penal Code (IPC), 1860, with the primary distinction being that the explanation defining "cruelty" has been separated into Section 86 of the BNS, as opposed to being embedded within Section 498A in the IPC .
๐ Text of Section 85: Cruelty by Husband or Relatives
Section 85: Husband or relative of husband of a woman subjecting her to cruelty
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.
โ๏ธ Corresponding Section in IPC
Section 498A of the IPC: Husband or relative of husband of a woman subjecting her to cruelty
This section prescribes similar penalties for cruelty inflicted upon a woman by her husband or his relatives.
๐งพ Definition of "Cruelty" โ Section 86 of the BNS
Section 86 defines "cruelty
(a) Any willful conduct likely to drive the woman to commit suicide or cause grave injury or danger to her life, limb, or health (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, or on account of her or her relatives' failure to meet such demand.
This definition aligns closely with the explanation provided under Section 498A of the IPC.
๐๏ธ Supreme Court's Observations
In May 2024, the Supreme Court of India observed that Sections 85 and 86 of the BNS are essentially a verbatim reproduction of Section 498A of the IPC. The Court expressed concerns about the potential misuse of these provisions for lodging false or exaggerated complaints. It requested the Centre to consider making necessary changes to these sections before they come into force on July 1, 2024 .
๐งพ Key Points
Offence: Cruelty by a husband or his relatives towards a woman.
Punishment: Imprisonment for up to 3 years and a fine
Definition of Cruelty: As per Section 86, encompassing both physical and mental harm.
Legislative Concern: The Supreme Court's recommendation for a review to prevent misuse.
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