Quick answer: Section 85 BNS replaced Section 498A IPC from 1 July 2024. It punishes a husband or his relative who subjects a woman to cruelty, with up to three years’ imprisonment and a fine. Section 86 BNS defines cruelty. Police must follow Arnesh Kumar safeguards, and courts quash vague allegations against relatives.
Section 85 BNS is the criminal law on cruelty in marriage. It carries forward Section 498A of the old Indian Penal Code. This guide explains the offence, the filing process, safeguards for the accused and the latest rulings.
What Section 85 BNS and Section 86 BNS Say
Section 85 covers a husband, or a relative of the husband, who treats a woman with cruelty. The court can impose imprisonment of up to three years and must also impose a fine.
Section 86 then defines cruelty in two limbs:
- Wilful conduct: conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb or health, physical or mental.
- Dowry harassment: harassment to force her or her family to meet an unlawful demand for property or valuable security, or because they did not meet it.
The offence is cognizable, non-bailable and generally non-compoundable. However, some states, such as Andhra Pradesh, allow compounding through local amendment.
How to File a Section 85 BNS Complaint: Step by Step
A woman who faces cruelty can take these steps:
- Record the facts. Note dates, specific acts, the person responsible and witnesses. Keep messages and medical papers.
- Approach the police. Give information at the police station under Section 173 BNSS.
- Use the Magistrate route if needed. If the police do not act, file a complaint before the Magistrate under Section 223 BNSS.
- Expect a cooling-off period. Under current guidelines, police usually avoid arrest for two months while a Family Welfare Committee tries to settle the dispute.
- Seek civil relief alongside. Maintenance under Section 144 BNSS and protection under the DV Act can run in parallel.
For civil protection orders, see our guide on how to file a domestic violence case in India.
Safeguards for the Accused Under Section 85 BNS
The law also protects husbands and relatives from unfair prosecution. First, police cannot arrest mechanically. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court required officers to record reasons before arresting anyone for an offence punishable up to seven years. Section 35 BNSS now carries this rule.
Second, an accused person can seek anticipatory bail under Section 482 BNSS. Third, the High Court can quash a false or vague FIR under Section 528 BNSS.
Key Case Law on Section 85 BNS and 498A
- Shivangi Bansal v. Sahib Bansal (Supreme Court, 22 July 2025): A bench of CJI B.R. Gavai and Justice A.G. Masih directed authorities to implement the Allahabad High Court’s 2022 guidelines from Mukesh Bansal v. State of UP. These guidelines impose a two-month cooling period and refer cases to district Family Welfare Committees.
- Dara Lakshmi Narayana v. State of Telangana (Supreme Court, December 2024): The Court quashed an FIR against the husband and his family. It held that naming relatives without specific allegations abuses the process.
- A v. State (Delhi High Court, 2025:DHC:9642): Justice Amit Mahajan quashed proceedings against the husband’s distant relatives. He held that taunts and ordinary family friction do not amount to cruelty.
- SP v. LT (Delhi High Court, 2026:DHC:1982): Justice Neena Bansal Krishna held that asking a wife to help care for a family member is not cruelty by itself.
Practical Advice for Both Spouses
If you are the complainant, give specific dates and acts against each person. Precise facts make your case harder to quash. Meanwhile, if you are the accused, do not ignore a police notice. Instead, preserve evidence, cooperate with the Family Welfare Committee and seek advice early.
Frequently Asked Questions
Is Section 85 BNS bailable?
No. Section 85 BNS is a non-bailable and cognizable offence. However, courts regularly grant regular or anticipatory bail where the facts justify it.
What is the punishment under Section 85 BNS?
The court can impose imprisonment of up to three years. It must also impose a fine.
What is the difference between Section 85 and Section 86 BNS?
Section 85 creates the offence and the punishment. Section 86 defines what cruelty means for that offence.
Can police arrest immediately in a 498A or Section 85 case?
Usually not. Police must follow Section 35 BNSS, and the Supreme Court’s 2025 order supports a two-month cooling period before coercive action.
Can a Section 85 BNS case end in a compromise?
The offence is generally non-compoundable. Still, the High Court can quash the FIR under Section 528 BNSS after a genuine settlement between the spouses.
Can a wife name all her in-laws in the FIR?
She can name anyone who treated her with cruelty. However, courts quash cases against relatives when the complaint makes only vague allegations.
Lex Pleaders advises individuals and families on matrimonial cruelty complaints, Section 85 BNS defence, bail, quashing and settlement as a law firm in Delhi NCR. Write to us at lexpleadersindia@gmail.com to discuss your matter.
Disclaimer: This article offers general information only and does not constitute legal advice.