Code – Section 86 BNS
For the purposes of section 85, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to life, limb or health (whether
mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing
her or any person related to her to meet any unlawful demand for any property or
valuable security or is on account of failure by her or any person related to her to meet
such demand.
Explanation of Section 86 BNS
What Does This Section Cover?
- Defines cruelty under Section 85 BNS.
- Includes both physical and mental abuse.
- Dowry-related harassment is explicitly covered.
- Explains what type of conduct is considered as cruelty.
Key Legal Aspects:
- Cruelty includes conduct that causes severe distress leading to:
- Suicide or suicidal thoughts.
- Physical or mental injury.
- Harassment for dowry or any unlawful financial demand.
🔗 Read Section 85 BNS – Husband or Relative of Husband Subjecting Woman to Cruelty
Illustrations
Example 1: Physical Abuse Leading to Harm
A husband physically assaults his wife frequently, leading to serious injuries. This is cruelty under Section 86 BNS.
Example 2: Emotional Torture & Isolation
A husband stops his wife from talking to her family, humiliates her daily, and threatens divorce unless she brings money from her parents. This is also cruelty.
Example 3: Dowry Harassment
A woman is harassed by her in-laws for not bringing gold and cash after marriage. She faces mental pressure and constant abuse. This falls under cruelty as per Section 86 BNS.
🔗 Read Section 80 BNS – Dowry Death
Common Questions and Answers on Section 86 BNS
1. How is cruelty defined under Section 86 BNS?
- Any act that causes severe mental or physical harm.
- Harassment for dowry or financial gain.
2. Is mental abuse also covered under Section 86 BNS?
- Yes, emotional and psychological abuse is also included under cruelty.
3. Can cruelty include financial demands?
- Yes, if a woman is harassed for money, property, or gifts, it is considered cruelty.
4. What is the punishment for cruelty under Section 85 BNS?
- Up to 3 years of imprisonment + fine.
5. How does this section relate to domestic violence laws in India?
- It supports women’s legal rights and is similar to provisions in the Protection of Women from Domestic Violence Act, 2005.
🔗 Read Section 79 BNS – Insult to Modesty of a Woman
Conclusion
Section 86 BNS provides a clear legal definition of cruelty to protect women from domestic violence, harassment, and dowry-related abuse. If you or someone you know is experiencing such cruelty, legal action can be taken under this section.
For legal assistance, visit ApniLaw today! 🚀
