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Section 85: Husband or Relative of Husband Subjecting Woman to Cruelty

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Non-Bailable
Cognizable
Formerly Sec 498A IPC
Section 84 All 358 Sections of Bharatiya Nyaya Sanhita Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 penalizes Cruelty by the Husband or Relatives of the Husband, providing statutory protection against domestic matrimonial cruelty.

  • Offence of Matrimonial Cruelty: Section 85 (formerly the primary sentencing clause of Section 498A IPC) provides that whoever, being the husband or relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment extending up to three years, and shall also be liable to fine.
  • Definition & Statutory Threshold: Encompasses wilful conduct likely to drive the woman to suicide or cause grave injury to life, limb, or health, as well as harassment coerced to meet unlawful property demands.

Section 85 establishes immediate penal recourse for married women subjected to domestic cruelty, penalizing physical abuse, psychological torment, and coercive dowry demands.

The provision operates alongside Section 86, which explicitly defines cruelty as willful conduct driving the woman to suicide or causing grave injury to health, or harassment to coerce unlawful property/dowry demands.

Key Landmark Precedents:
  • Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Supreme Court held that police officers must not automatically arrest the husband or in-laws upon the mere filing of a cruelty complaint; mandatory Section 41A CrPC / Section 35(3) BNSS appearance notices must be served.
  • Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: Reaffirmed the vitality of Section 498A IPC / Section 85 BNS as an essential constitutional shield protecting married women from dowry extortion, while recalling non-statutory family committee filters.
  • Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667: Cautioned against the routine, omnibus implication of distant in-laws without specific allegations.
Legal Commentary:

Section 85 remains the bedrock of legal protection against domestic matrimonial abuse in India. While the Supreme Court has instituted procedural filters to curb vindictive arrests of distant relatives, genuine domestic cruelty, physical battery, and dowry harassment are met with non-bailable criminal prosecution.

Section 84 All 358 Sections of Bharatiya Nyaya Sanhita Section 86