Cruelty by husband or relatives of husband

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This provision is now IPC Section 498A (Cruelty by husband or relatives of husband) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

Section 85 of the Bharatiya Nyaya Sanhita replaces IPC Section 498A, retaining the same broad definition of cruelty — conduct likely to drive a woman to suicide or cause grave injury, and harassment connected with unlawful dowry demands — along with the same punishment of up to three years' imprisonment and a fine.

The provision continues to extend liability to the husband's relatives, not just the husband himself, and remains compoundable only with the court's permission, meaning any settlement between the parties must still be approved by the court before the case can be closed.

Existing judicial safeguards developed to address concerns about misuse of the earlier provision continue to inform how courts and police apply this section. It applies to conduct occurring on or after 1 July 2024, with earlier cases continuing under IPC Section 498A.

Punishment Imprisonment up to 3 years, and fine

Triable By Magistrate of the First Class

Bailable Non Bailable

Cognizable Cognizable

Compoundable Compoundable With Permission

Frequently Asked Questions

Is BNS Section 85 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment up to 3 years, and fine. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

Yes, but only with the permission of the court. The parties can reach a settlement, which the court must then approve before the case is closed.

Have any safeguards against misuse been added in the BNS version?

The BNS text itself largely mirrors IPC Section 498A, so the safeguards that apply come primarily from existing Supreme Court guidance on arrest procedure and scrutiny, which continues to inform how this section is applied in practice.

Is the offence still compoundable only with court permission?

Yes — as under the earlier IPC provision, the parties can reach a private settlement, but it must be approved by the court before the case is formally closed.

Which FIRs use this section instead of 498A?

FIRs registered for cruelty occurring on or after 1 July 2024 are filed under this BNS section, while FIRs for conduct before that date continue to be registered and tried under IPC Section 498A.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.