What Section 85 BNS says about cruelty by a husband or his relatives
Section 85 of the Bharatiya Nyaya Sanhita — the replacement for the old IPC Section 498A — makes cruelty by a husband or his relatives a criminal offence carrying up to three years in prison.
Sep 1, 2026 | India (nationwide)
What the law says
When the Bharatiya Nyaya Sanhita (BNS) replaced the Indian Penal Code in 2023, the offence formerly known as IPC Section 498A was restructured into two sections. Section 85 states the offence and the punishment: a husband or relative of the husband who subjects a woman to cruelty can face up to three years in prison and a fine. Section 86 defines what "cruelty" means for the purposes of Section 85.
What counts as cruelty
Section 86 covers two broad categories: conduct likely to drive a woman to suicide or cause grave injury to her physical or mental health, and harassment aimed at coercing her or her relatives into meeting an unlawful demand for property or valuable security — commonly linked to dowry demands — or harassment because such a demand wasn't met.
How the case is classified
Section 85 is a cognizable offence, meaning police can register a case and investigate without needing a magistrate's prior approval — but under the Bharatiya Nagarik Suraksha Sanhita, it's cognizable specifically when the information comes from the woman herself, a specified blood/marriage/adoption relative, or a notified public servant. It is non-bailable, and non-compoundable, meaning the complainant cannot simply withdraw the case once it's filed — only a court can quash it.
Safeguards against automatic arrest
In Arnesh Kumar v. State of Bihar (2014), the Supreme Court held that arrest under cruelty-related offences should not be automatic on filing a complaint — police must record reasons and satisfy themselves that arrest is necessary. In Rajesh Sharma v. State of Uttar Pradesh, the Court also recommended Family Welfare Committees to review complaints before further legal action, aimed at filtering out unsubstantiated cases.
How to file a complaint
A complaint can be filed at the nearest police station, or reported through the Women Helpline (181) or the Emergency Response Support System (112), which can direct a complainant to legal aid and counselling support.
FAQs
Is Section 85 BNS the same as the old Section 498A IPC?
Functionally yes — it carries over the same offence and punishment, split into Section 85 (the offence) and Section 86 (the definition of cruelty) under the new code.
Can the case be withdrawn once filed?
Not by the complainant alone — Section 85 is non-compoundable, so only a court can quash the proceedings, typically after both sides reach a settlement and approach the court together.
Does a complaint automatically lead to arrest?
No. Following Arnesh Kumar v. State of Bihar, police must record specific reasons and be satisfied that arrest is necessary rather than arresting solely because a complaint was filed.
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