Section 85 BNS: Punishment, Bail and Procedure

What Section 86 treats as cruelty

The definition has two limbs.

• Wilful conduct of such a nature as 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 where it is with a view to coercing her, or any person related to her, to meet an unlawful demand for any property or valuable security, or on account of failure by her or any person related to her to meet such a demand.

Related remedies that often run alongside

A cruelty complaint under the BNS is a criminal proceeding. It is frequently accompanied by civil and quasi-civil remedies: a domestic-violence application under the Protection of Women from Domestic Violence Act, 2005 for protection, residence, monetary relief and custody orders; maintenance proceedings; and, where dowry is alleged, provisions of the Dowry Prohibition Act, 1961.

Choosing the right combination is a strategy decision. Do not file everything reflexively.

Procedural safeguards

The Supreme Court has, in a series of decisions, emphasised safeguards against automatic arrest in matrimonial cruelty cases and encouraged mechanisms such as family welfare committees and preliminary scrutiny in some periods. The current position and the practice in your district should be confirmed with an advocate, because the directions have been modified over time. Do not rely on a blog summary of a judgment.

Step-by-step

1. 1

   Record the facts and preserve evidence

   Dates of incidents, medical records, messages, witnesses, and any record of demands made.

2. 2

   Consider the mix of remedies

   Criminal complaint under Section 85 BNS, a domestic-violence application, maintenance, or a combination — with advice.

3. 3

   File the complaint

   At the police station having jurisdiction, at the women's cell where one exists, or before the Magistrate. The BNSS includes protections about how a woman's statement is recorded.

4. 4

   Cooperate with the enquiry

   Attend counselling or mediation if directed; nothing is lost by attending, and refusal is often held against the party.

5. 5

   Seek interim protection where needed

   Protection orders, residence orders and interim maintenance can be sought under the 2005 Act while the criminal case proceeds.

6. 6

   If you are the accused

   Seek legal advice at once, consider anticipatory bail, and preserve your own evidence — do not contact the complainant directly.

Documents you need

• Marriage proof: certificate, photographs, invitation
• Medical records of any injury or treatment for mental health
• Messages, emails and call records evidencing demands or threats
• Statements or contact details of witnesses and neighbours
• Records of any dowry or property transferred, with receipts or bank records
• Copies of earlier complaints, panchayat records or counselling notes

Common mistakes to avoid

• Citing Section 498A IPC in a new complaint instead of Section 85 BNS.
• Filing an omnibus complaint naming every relative without specific allegations against each — courts scrutinise this closely.
• Deleting chats or handing over the only copy of documents without keeping backups.
• Ignoring interim maintenance and residence relief, which addresses the immediate crisis.
• For the accused: contacting the complainant to 'sort it out' after an FIR, which can attract further allegations.

When you should see an advocate

• Before filing, so the right combination of remedies is chosen.
• Immediately, if you are named as an accused.
• When custody of children or residence in the shared household is involved.
• When a settlement or quashing petition is being negotiated.

Frequently asked questions

Is Section 85 BNS the same as 498A IPC?

Section 85 BNS carries forward the cruelty offence that was in Section 498A IPC, with the definition of cruelty in Section 86 BNS. Cite the BNS provisions for offences under the new law.

What is the punishment?

Imprisonment which may extend to three years and also fine, as stated in Section 85. Confirm on India Code.

Is it bailable?

The classification is set out in the BNSS schedule. Check the current classification for the offence and any state amendment, and take advice.

Can the case be settled?

Matrimonial disputes are often settled, and High Courts have quashed proceedings on settlement in appropriate cases under their inherent powers. This is a court's discretion, not an automatic right.

Where do I get free legal help?

District Legal Services Authorities provide free legal aid to women irrespective of income under the Legal Services Authorities Act, 1987.