Code – Section 85 BNS
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.
Explanation of Section 85 BNS
What Does This Section Cover?
- Protects married women from cruelty by their husbands or in-laws.
- Defines cruelty as physical or mental harm or harassment related to dowry demands.
- Covers both physical and emotional abuse that could lead to suicide or severe harm.
Key Legal Aspects:
- Punishment: Up to 3 years of imprisonment + fine.
- Covers both physical and mental cruelty.
- Dowry-related harassment is explicitly included.
🔗 Read Section 80 BNS – Dowry Death
Illustrations
Example 1: Physical Abuse Leading to Harm
A woman’s husband regularly beats her or threatens her life, causing her mental distress. This falls under Section 85 BNS as cruelty.
Example 2: Harassment for Dowry
A husband’s family constantly demands money, jewelry, or property from the wife’s parents. When she refuses, they harass and mistreat her. This constitutes cruelty under Section 85 BNS.
Example 3: Mental Torture and Emotional Abuse
A husband isolates his wife, prevents her from meeting her family, verbally abuses her, and threatens her with divorce unless she brings money from her parents. Such psychological cruelty is punishable under this section.
Common Questions and Answers on Section 85 BNS
1. Is Section 85 BNS a bailable offense?
- No, it is a non-bailable offense, meaning bail is not automatically granted.
2. Who can file a complaint under this section?
- The wife, her parents, or any concerned relative can lodge a complaint.
3. What type of cruelty is covered under this section?
- Physical violence, mental abuse, dowry harassment, and emotional torture are all covered.
4. Can a woman file a case against her in-laws under Section 85 BNS?
- Yes, if the husband’s relatives are involved in cruelty or harassment, they can be booked under this section.
5. What is the difference between Section 85 BNS and Section 80 BNS (Dowry Death)?
- Section 80 BNS applies when a woman dies due to dowry-related cruelty, while Section 85 BNS applies when she is subjected to cruelty but is still alive.
🔗 Read Section 79 BNS – Word, Gesture, or Act Intended to Insult Modesty of a Woman
Conclusion
Section 85 BNS is a crucial legal provision to protect married women from cruelty by their husbands or in-laws. If you or someone you know is facing domestic violence, legal action can be taken under this section.
For detailed legal assistance, visit ApniLaw today! 🚀
