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.

Procedural Classification · BNSS First Schedule

BNS Section 85 Punishment Jail Term, Fines & Sentencing Guidelines

Analysis of punishment terms, fines, and judicial sentencing rules for BNS Section 85: Husband or relative of husband of a woman subjecting her to cruelty under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

⚖️ Sentencing & Penalty Guidelines

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

Bail Status

✕ Non-Bailable (Court discretion required)

Arrest Authority

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

Triable Court

Magistrate of the first class

Prescribed Punishment

Imprisonment extending up to 3 years and a fine.