With the introduction of the Bharatiya Nyaya Sanhita, 2023 (BNS), many existing offences under the Indian Penal Code were reorganised and renumbered. Notably, Section 498A IPC, which dealt with cruelty against a married woman by her husband or his relatives, now appears as Section 85 BNS. While the section has been renumbered, its core objective—protecting women from matrimonial cruelty—remains intact.

However, understanding what exactly constitutes “cruelty” under the law continues to be a matter shaped significantly by judicial interpretation and case-specific facts. This article unpacks Section 85 BNS, traces the jurisprudence behind the term “cruelty,” and examines its relevance in contemporary matrimonial disputes.

What Does Section 85 BNS Say?

Section 85 BNS criminalises:

Cruelty by the husband or his relatives towards a married woman.

The essence of the provision remains the same as the repealed Section 498A IPC. It aims to punish acts of physical or mental cruelty inflicted on a woman within her matrimonial home.

What Constitutes “Cruelty”?

The explanation to Section 85 (just like 498A IPC) provides two broad categories:

1️⃣ Cruelty likely to drive a woman to suicide or cause grave injury

This covers:

• Wilful conduct that is so harsh or oppressive that it may push the woman towards suicide,

• or cause serious injury—physical or mental.

Courts have clarified that cruelty here must be grave, serious, and of such intensity that it impacts the woman’s mental or physical health.

Judicial View

Courts have held:

• Persistent humiliation, taunts, or harassment can amount to cruelty.

• It is not necessary that the woman actually attempts suicide—the likelihood is enough.

• Mental cruelty can be as serious as physical violence.

2️⃣ Harassment for unlawful dowry demands

This includes:

• Demanding dowry,

• Harassing the woman or her family to meet such demands,

• Threatening, intimidating, or coercing her in connection with dowry.

This part of the definition connects directly with dowry deaths and the Dowry Prohibition Act.

Judicial View

Courts require:

• A clear nexus between the harassment and dowry demand,

• Continuous pressure, not isolated casual comments,

• Evidence showing that harassment was with the intention to obtain dowry.

🔹 Key Judicial Principles Shaping the Interpretation of “Cruelty”

Over the years, courts have provided clarity on where the line of cruelty lies. Here are some guiding principles:

A. Ordinary domestic quarrels ≠ Cruelty

Not every disagreement or quarrel in marriage amounts to criminal cruelty. Courts distinguish routine marital discord from systematic harassment.

B. Mental cruelty is equally punishable

Acts such as:

• Continuous insults

• Isolation

• Public humiliation

• Character assassination

• Denial of basic dignity

can amount to cruelty even without physical violence.

C. Specific allegations are crucial

Vague or general accusations against all relatives rarely stand scrutiny.

Courts insist on:

• Specific dates,

• Incidents,

• Nature of conduct,

• Supporting circumstances.

D. False implication concerns exist—but do not dilute the law

While courts acknowledge misuse allegations, they consistently maintain that:

The existence of some misuse does not justify weakening a protective provision.

Instead, they focus on ensuring fair investigations and judicial safeguards.

🔹 Punishment Under Section 85 BNS

The punishment remains unchanged from 498A IPC:

• Imprisonment up to 3 years, and

• Fine.

The offence continues to be:

• Cognizable,

• Non-bailable, and

• Triable by a Magistrate.

Under BNS, procedural reforms under BNSS may influence arrest protocols, but the offence’s gravity remains the same.

🔹 Why This Provision Still Matters

Despite social progress, cruelty and dowry harassment remain persistent issues. According to NCRB data, thousands of cases are filed annually under the erstwhile Section 498A IPC. Section 85 BNS continues this legal protection, reinforcing:

• Deterrence against domestic violence

• Accountability of husbands and relatives

• Legal remedy for women facing systemic abuse

🔹 Challenges & Contemporary Debates

1. Misuse Allegations

Courts have noted instances of exaggerated or false complaints, especially when matrimonial disputes turn adversarial.

2. Balancing Rights

The challenge remains in balancing:

• The woman’s right to safety,

• The accused’s right against arbitrary arrest.

3. Need for Sensitised Investigation

Quality of evidence collection often determines the fate of the case. Police and prosecutors must be better trained to handle matrimonial offences.

🔹 Conclusion

Section 85 BNS preserves the protective spirit of the erstwhile Section 498A IPC while fitting into the restructured framework of the new criminal laws. Understanding the legal meaning of “cruelty” is essential for lawyers, law students, women seeking remedies, and anyone navigating matrimonial disputes.

The jurisprudence makes one thing clear:
Cruelty is not restricted to physical violence.
Any conduct that degrades, harms, humiliates, or terrorises a woman—especially when connected with dowry—can invite criminal liability under Section 85 BNS.