Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences against Woman and Child · Of offences relating to marriage
Section 85: Husband or relative of husband of a woman subjecting her to cruelty
In plain words
A husband, or a relative of the husband, who subjects a woman to cruelty faces up to three years in prison and a fine. The next section explains what counts as cruelty.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 85 carries forward section 498A of the IPC: cruelty to a woman by her husband or his relative, punishable with up to three years and fine. The definition of cruelty, which was the Explanation to section 498A, now sits in section 86.
Cruelty, as defined in section 86
- (a) Wilful conduct likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, physical or mental.
- (b) Harassment to coerce her or her relatives to meet an unlawful demand for property or valuable security, or because of failure to meet such a demand.
Who can be accused
Only the husband or his relatives. Vague, general allegations against the whole family do not suffice; each person's role must be shown.
Relationship with other offences
Cruelty is distinct from dowry death (section 80) and abetment of suicide (section 108). Proving cruelty does not by itself prove either.
Arrest safeguards
The Supreme Court's directions against automatic arrest in offences punishable up to seven years continue to apply under the BNSS.
Key Supreme Court rulings
Sushil Kumar Sharma v. Union of India 2005 INSC 299
Decided on section 498A of the IPC. The provision is constitutionally valid; possible misuse does not make it unconstitutional.
Arnesh Kumar v. State of Bihar 2014 INSC 463
Police must not arrest automatically for offences punishable up to seven years, including cruelty under section 498A; satisfaction on the statutory factors must be recorded, and Magistrates must not authorise detention mechanically.
Ramesh Kumar v. State of Chhattisgarh 2001 INSC 515
A conviction for cruelty does not mean the accused also abetted suicide on the same evidence.
Common mistakes
- Using cruelty in its everyday sense rather than the two defined limbs.
- Looking for the definition in section 85; it is in section 86.
Read with: Section 86 BNS, Section 80 BNS, Section 108 BNS, Section 498A IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 85
No Supreme Court judgment in our database cites this section yet.