Consider a marriage where things have gone beyond the usual friction of daily life. The husband and his family repeatedly humiliate the wife, pressure her over money or property that was never part of the original marriage agreement, and make it clear through words and conduct that her presence in the house depends on meeting their demands. There is no single dramatic incident — just a pattern that keeps repeating, wearing her down over months or years.
This is the kind of situation the law addresses through a criminal complaint for cruelty, now governed by Section 85 of the Bharatiya Nyaya Sanhita, 2023, which took over from the long-standing Section 498A of the Indian Penal Code.
From Section 498A IPC to Section 85 BNS
For decades, Section 498A of the IPC was the primary criminal provision used by married women facing cruelty at the hands of their husband or his relatives. With the Bharatiya Nyaya Sanhita, 2023 replacing the IPC, this provision now exists as Section 85 BNS, with the definition of cruelty itself set out separately under Section 86.
The substance of the law has not changed. Section 85 continues to criminalise cruelty by a husband or his relatives towards his wife, and Section 86 defines what conduct qualifies as cruelty for this purpose. The renumbering does not weaken the protection — courts have treated the two provisions as legally continuous, meaning past judgments and interpretations built around Section 498A remain relevant to cases filed under Section 85 today.
What Counts as Cruelty Under This Provision
The law identifies two broad categories of conduct that amount to cruelty.
The first covers wilful conduct of such a nature that it is likely to drive the woman to end her life, or to cause grave injury or danger to her life, limb, or physical or mental health. This does not require an actual suicide attempt or visible injury — persistent humiliation, threats, or psychological harassment of sufficient severity can qualify, since courts have recognised that mental cruelty can be just as damaging as physical harm.
The second covers harassment of the woman where the intent is to coerce her, or anyone related to her, into meeting an unlawful demand for property or valuable security — most commonly linked to dowry. This also includes harassment that follows a failure to meet such a demand. If a woman is being pressured, taunted, or mistreated because her family did not give a car, cash, jewellery, or any other unlawful demand at the time of marriage or afterward, this limb of the provision applies directly.
Who Can Be Named in the Complaint
The provision applies not only to the husband but also to his relatives — a category that has, in practice, included parents-in-law, siblings-in-law, and other family members living in or connected to the matrimonial household, where their specific conduct meets the threshold of cruelty. Courts have cautioned, however, that this is not meant to be used as a blanket tool against every relative without regard to their actual role or conduct, and have called for specific allegations against each named person rather than general, sweeping accusations.
The Nature of the Offence
A complaint under Section 85 BNS is treated as a serious matter within the criminal justice system. The offence is cognizable, meaning the police can register a case and begin investigation without needing prior court approval, provided the complaint is made by the aggrieved woman herself, a relative by blood, marriage, or adoption, or, in the absence of such a relative, a public servant notified for this purpose. It is also non-bailable and non-compoundable, meaning bail is not automatic and the matter cannot simply be withdrawn or settled privately once filed, without the court's involvement.
The punishment prescribed under Section 85 is imprisonment for a term that may extend to three years, along with a fine.
How the Process Typically Unfolds
A complaint under this section usually begins with the woman, or someone authorised to act on her behalf, approaching the police to lodge a First Information Report detailing the specific instances of cruelty — dates, conduct, and the individuals involved. Given how frequently this provision has been the subject of both genuine grievances and disputes over misuse, courts have introduced additional safeguards over the years, including scrutiny at the stage of arrest and, in several states, a preliminary review by a Family Welfare Committee before coercive action is taken against the accused.
Once a case proceeds, it is tried before a Magistrate of the First Class, where both the prosecution and the defence present their evidence, and the court determines whether the alleged conduct meets the threshold of cruelty as defined under Section 86.
Why the Law Exists, and Why It Draws Scrutiny
Section 85 was designed to give the law an entry point into a kind of harm that often unfolds behind closed doors, where physical evidence is scarce and the harm is cumulative rather than a single event. Before this provision existed in its original form as Section 498A, there was no dedicated criminal remedy that directly addressed sustained cruelty or dowry-linked harassment within a marriage.
At the same time, courts have repeatedly acknowledged that a provision this powerful — cognizable and non-bailable — can be misused, whether to settle personal disputes, pressure a husband's family into a settlement, or implicate relatives with little direct involvement. This has led to judicial guidelines urging caution before arrest and a more careful examination of the specific role each accused person is alleged to have played, so that the provision continues to protect genuine victims without becoming a tool for indiscriminate harassment of an entire family.
Alongside Other Remedies
A criminal complaint under Section 85 does not exist in isolation. A woman facing cruelty may also pursue a remedy under the Protection of Women from Domestic Violence Act, 2005, seeking protection orders, residence rights, or monetary relief, in addition to, or instead of, criminal proceedings. The two routes serve different purposes — one is aimed at penal consequences for the accused, the other at securing safety and stability for the woman — and they are often pursued together depending on the facts of the case.
Disclaimer: This article is intended for general informational purposes and does not constitute legal advice. For guidance on filing or defending a complaint under Section 85 of the Bharatiya Nyaya Sanhita, 2023, consulting a qualified criminal or family law practitioner is recommended.
About Rohith Associates: Rohith Associates provides legal counsel on family and criminal law matters, including complaints of cruelty under Section 85 of the Bharatiya Nyaya Sanhita, 2023, and related matrimonial disputes.