Cruelty and dowry harassment by a husband or his relatives is an offence under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 498A of the Indian Penal Code. The law protects married women from cruelty, but the Supreme Court has also warned against its misuse. This guide explains what the offence is, what the punishment is, and what both complainants and accused persons should do.
Cruelty and dowry harassment: what does BNS Section 85 provide?
Section 85 punishes a husband or a relative of the husband who subjects a woman to cruelty. The punishment is imprisonment up to three years and a fine. The offence is cognizable and non-bailable, and it is triable by a Magistrate.
What is cruelty under Section 86?
Section 86 defines cruelty in two limbs:
- Wilful conduct that is likely to drive the woman to commit suicide or to cause grave injury or danger to her life, limb or health, whether mental or physical.
- Harassment of the woman with a view to coercing her or any person related to her to meet an unlawful demand for property or valuable security, or harassment because of her or her relatives’ failure to meet such a demand.
Not every quarrel in a marriage is cruelty. The conduct must be serious and wilful, and it must fall within one of these limbs.
Dowry-related laws
Dowry harassment is addressed by more than one law:
- Dowry Prohibition Act, 1961: Giving, taking or abetting dowry is punishable under Section 3, and demanding dowry is punishable under Section 4.
- Dowry death (BNS Section 80): If a woman dies within seven years of marriage in unnatural circumstances and she was subjected to cruelty or dowry harassment soon before death, the husband or relatives can be charged. The law raises a presumption against them in such cases.
- Protection of Women from Domestic Violence Act, 2005: A civil remedy that provides protection orders, residence rights and monetary relief without requiring a criminal trial.
Who can complain and how
The woman herself, or her blood relatives or relatives by marriage, can complain to the police. The FIR is registered under Section 173 BNSS. If the police do not register it, the complaint can be sent to the Superintendent of Police or taken to the Magistrate. You can read more in our guide on FIR registration under BNSS Section 173.
A strong complaint states dates, places, specific acts and demands, and it is supported by messages, call records, medical records, bank transfers and the names of witnesses.
Safeguards for accused persons
The Supreme Court has repeatedly cautioned against casual arrests and the roping in of distant relatives.
- Arnesh Kumar v. State of Bihar (2014): The police must not arrest automatically in offences punishable up to seven years. They must record reasons and issue a notice of appearance instead where arrest is not necessary. The notice procedure now sits in Section 35 BNSS.
- Preeti Gupta v. State of Jharkhand (2010) and later rulings have noted a tendency to exaggerate allegations and implicate the whole family.
- In recent decisions, such as *Achin Gupta v. State of Haryana* (2024) and *Dara Lakshmi Narayana v. State of Telangana* (2024), the Supreme Court has quashed proceedings where allegations against relatives were vague, general and omnibus.
For arrest rights, see our guide on arrest and detention rights under BNSS. If arrest is feared, anticipatory bail under BNSS Section 482 is the usual remedy. Where the case is plainly an abuse of process or the parties settle, a petition for quashing of FIR under BNSS Section 528 may be considered.
Practical advice for the complainant
- Preserve evidence from the beginning: messages, photographs, medical reports and receipts.
- Seek medical examination and record injuries.
- Ask for the Domestic Violence Act remedies and maintenance alongside the criminal complaint where needed.
- Be specific and truthful. Exaggeration weakens an otherwise genuine case.
Practical advice for the accused
- Do not ignore police notices. Attend and cooperate, with a lawyer’s advice.
- Gather proof of the real situation: chats, travel records, proof of residence of the relatives, and bank records that contradict the allegations.
- Consider mediation or settlement if appropriate, since the court can quash proceedings on genuine settlement in suitable matrimonial cases.
The Dowry Prohibition Act and the Sanhita can be read on India Code.
Frequently Asked Questions
What is the new section for 498A?
Section 85 of the BNS, read with the definition of cruelty in Section 86. The punishment is imprisonment up to three years and a fine.
Is cruelty under Section 85 a bailable offence?
No. It is cognizable and non-bailable. In practice, courts often grant bail or anticipatory bail, and the police are expected to follow the Arnesh Kumar guidelines before arrest.
Can the husband’s relatives be arrested automatically?
No. The police must record reasons and consider issuing a notice of appearance. Courts have quashed cases where distant relatives were implicated through vague allegations.
Can the case be settled?
The offence is not compoundable as of right, but the High Court can quash the proceedings on a genuine settlement in appropriate cases.
What is the difference between Section 85 and the Domestic Violence Act?
Section 85 is a criminal offence leading to trial and punishment. The Domestic Violence Act is a civil law that gives protection orders, residence and monetary relief.
Is there a time limit for filing the complaint?
There is a general limitation for taking cognizance of offences punishable up to three years, but courts have flexibility in continuing offences and may condone delay. Delay can weaken the case, so act early.
What if the allegations are false?
The accused can seek quashing of the FIR, discharge, or acquittal, and can take other lawful action. A false complaint can itself lead to legal consequences.
This article is general legal information and not a substitute for advice on your specific case. Consult an advocate before acting.