BACK TO SECTIONS(2014) 8 SCC 273(2010) 7 SCC 667
Non-BailableCognizable: YesMagistrate First Class
Reform Highlights
1
Directly carries forward the provisions of IPC 498A.
2
Structurally improved by separating the offence (Section 85) from the definition of cruelty (Section 86).
3
Companion Section 86 now explicitly includes mental health within the scope of harm.
THE STATUTE
The Clause
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.
Legal Commentary
Section 85 is one of the most invoked criminal provisions in India — a cornerstone of women's protection from domestic abuse. It makes cruelty by a husband or his family members a criminal offence, punishable with up to 3 years of imprisonment. The provision's power lies in its breadth: 'cruelty' is defined in the companion Section 86 to cover both willful physical or mental harm likely to drive a woman to suicide or cause grave injury, and harassment for dowry-related demands. The non-bailable nature of the offence gives it significant teeth — the accused can be arrested without a warrant and held unless bail is granted by a court. The BNS separates the offence (Section 85) from the definition (Section 86), which is a structural improvement over IPC 498A where both were combined, creating confusion. In practice, Section 85 is frequently combined with BNS 80 (dowry death), BNS 88 (miscarriage charges), and the Protection of Women from Domestic Violence Act (PWDVA), which provides civil remedies. The Supreme Court's concern about misuse of 498A has led to procedural safeguards — Arnesh Kumar guidelines require police to carefully assess before arrest — but the provision itself remains intact and essential.
Landmark Precedents
Arnesh Kumar v. State of Bihar (2014)
RELEVANCE
Supreme Court issued guidelines requiring police to apply their mind before arresting persons under IPC 498A (now BNS 85) — attempting to balance the provision's protective purpose with preventing its misuse in matrimonial disputes.
Preeti Gupta v. State of Jharkhand (2010)
RELEVANCE
Supreme Court expressed concern about the mechanical application of IPC 498A against distant relatives without specific allegations — relevant to how BNS 85 should be applied against the husband's relatives.
Case Simulations
"A husband who repeatedly beats his wife demanding that she bring more money from her parents — BNS 85 (physical cruelty and dowry harassment)."
"In-laws who socially isolate a daughter-in-law, deny her food, and make threats if she does not comply with dowry demands — BNS 85 (mental cruelty)."
"Persistent verbal abuse, humiliation, and threats that drive a woman to the brink of suicide — BNS 85 (willful conduct causing grave mental injury under Section 86(a))."
Expert Insights
No. Section 85 covers all forms of cruelty — physical or mental — by a husband or his family, as defined in Section 86. This includes emotional abuse, psychological intimidation, and physical violence regardless of whether dowry is involved.
Yes, any 'relative of the husband' — parents, siblings, other family members — who subjects the woman to cruelty can be prosecuted. However, following Arnesh Kumar guidelines, there must be specific allegations against each individual, not merely omnibus complaints.
Imprisonment for a term which may extend to three years, plus a fine. The offence is non-bailable and cognizable.