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Section 86: Definition of Cruelty by Husband or Relatives

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 Explanation IPC
Section 85 All 358 Sections of Bharatiya Nyaya Sanhita Section 87

Legal Commentary & Landmark Judgments: Section 86

Section 86 defines and penalizes cruelty by a husband or relatives of a husband towards a woman, providing that whoever subjects a woman to cruelty shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

  • Two Statutory Forms of Cruelty: Defined as: (a) Any wilful conduct likely to drive the woman to commit suicide or cause grave injury to life, limb, or mental/physical health; OR (b) Harassment with a view to coercing her or her relatives to meet any unlawful demand for property or valuable security.
  • Mental & Physical Health Scope: Mental cruelty (verbal abuse, humiliation, isolation, character assassination) is on equal statutory footing with physical violence.
  • Strict Safeguards Against Misuse: Subject to mandatory Section 35(3) BNSS arrest guidelines (Arnesh Kumar rules) to prevent indiscriminate arrest of aged in-laws.
Key Landmark Precedents:
  • Arnesh Kumar v. State of Bihar (2014) 8 SCC 273: The Supreme Court issued mandatory national guidelines prohibiting automatic arrests under Section 498A IPC (Section 86 BNS); police must serve Section 41A CrPC (Section 35(3) BNSS) notices before arresting spouses or in-laws.
  • Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443: A three-judge bench harmonized cruelty investigations with fair trial rights, directing that settlement efforts and Family Welfare Committees operate to preserve reconciliation.
  • Kahkashan Kausar @ Sonam v. State of Bihar (2022) 6 SCC 599: The Supreme Court held that general and omnibus allegations against husband's relatives without specific roles cannot sustain criminal trial; High Courts must quash vexatious proceedings against distant relatives under Section 482 CrPC (Section 528 BNSS).
  • Preeti Gupta v. State of Jharkhand (2010) 7 SCC 667: Highlighted the growing misuse of cruelty provisions to harass distant in-laws, directing courts to exercise utmost caution.
Courtroom Practice & Strategic Litigation Guidance:

In defending in-laws against Section 86 BNS FIRs, file a quashing petition under Section 528 BNSS immediately: demonstrate that allegations are vague and omnibus, prove separate residential addresses, and cite Kahkashan Kausar to have the charges quashed against parents-in-law.

Section 85 All 358 Sections of Bharatiya Nyaya Sanhita Section 87