Is cruelty under BNS Section 85 bailable?

No, Section 85 BNS ( cruelty to married woman ) is strictly non-bailable. The accused must submit a formal bail application in court.

What is the statutory punishment for cruelty under Section 85?

It carries a prison term which may extend up to 3 years, along with a mandatory fine.

Can police make immediate arrests upon a Section 85 complaint?

Cruelty is cognizable. However, under progressive BNSS guidelines and Supreme Court rulings, police are instructed to explore reconciliation or pre-arrest mediation in domestic disputes to prevent arbitrary immediate arrests.

BNS Section 85

BNS Section 85: Husband or relative of husband of a woman subjecting her to cruelty

Equivalent Legacy Law: IPC Section N/A

💡 Simplified Explanation

BNS Section 85 defines the rules, regulations, and penalties regarding: "husband or relative of husband of a woman subjecting her to cruelty". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding husband or relative of husband of a woman subjecting her to cruelty as defined under this Section, they will be charged under BNS Section 85 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Cruelty by husband or relatives of husband (formerly 498A IPC)

Bailable: Non-bailable (Bail must be sought from the court)

Cognizable: Cognizable (Upon complaint filed by the aggrieved wife or relatives)

Triable by: Magistrate of the first class

Punishment: Imprisonment extending up to 3 years and a fine.

📜 Official Statutory Provision

No specific renumbering changes. Section included as is.

Bail Status Guide Is Section 85 Bailable? → Sentencing Guide Jail Term & Fine Details →