Citizen Rights

Cruelty by Husband & Relatives: Transition from IPC 498A to BNS Section 85 & 86

Published by Shreya Ghoshal, Legal Advocate on May 03, 2026 | 4 min read

Tracing the structural modifications as IPC Section 498A is split and reclassified under BNS Sections 85 and 86.

Key Takeaways

  • IPC Section 498A (Cruelty) is renumbered as BNS Section 85.
  • The statutory definition of 'Cruelty' has been moved to a separate BNS Section 86.
  • Punishment remains up to 3 years imprisonment along with a fine.
  • Offence remains cognizable and non-bailable, requiring judicial bail.

The Renumbering of Cruelty Laws

One of the most frequently invoked provisions of Indian family and criminal law was IPC Section 498A, which governed cruelty against a married woman by her husband or his relatives. Under the BNS reforms, this provision has been relocated. The primary charge is now registered under BNS Section 85, while the technical definition of what constitutes cruelty is detailed in BNS Section 86.

Section 85: The Substantive Offence

BNS Section 85 states that if the husband or relative of the husband of a woman subjects her to cruelty, they shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to a fine. The procedural nature of the law remains unchanged: it is cognizable (upon complaint to the police) and non-bailable.

Section 86: The Legal Definition of Cruelty

BNS Section 86 clarifies the term 'cruelty' to avoid ambiguity. It defines cruelty as any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical). It also explicitly covers harassment of the woman to coerce her or her relatives to meet any unlawful demand for property or valuable security (dowry harassment).

Evolving Judicial Guidelines

Over the years, the Supreme Court has issued guidelines (such as in Arnesh Kumar v. State of Bihar) to prevent automatic arrests under domestic abuse laws. These guidelines continue to apply under BNS Section 85. Police officers must issue a notice of appearance (previously Section 41A CrPC, now Section 35 BNSS) before executing arrests, except in cases where immediate custody is necessary for safety.