IPC Section 498A and BNS Sections 85-86: Cruelty by Husband or Relatives

Cruelty against a married woman by her husband or his relatives was punishable under Section 498A of the Indian Penal Code, 1860. The corresponding provisions under the Bharatiya Nyaya Sanhita, 2023 (BNS), effective from 1 July 2024, are Section 85 (punishment) and Section 86 (definition of cruelty).

1. What did Section 498A IPC provide?

Section 498A punished a husband or relative of a husband who subjected a woman to cruelty. The maximum sentence was imprisonment for three years, with liability to a fine. Its Explanation defined cruelty in two ways: serious wilful conduct threatening the woman's life, limb or physical or mental health, including conduct likely to drive her to suicide; and harassment to coerce an unlawful demand for property or valuable security, or because that demand was not met.

2. Current law: Sections 85 and 86 of the BNS

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

Section 85 makes it an offence for the husband or a relative of the husband to subject a woman to cruelty. The prescribed punishment is imprisonment for a term extending to three years and a fine.

Section 86 - Cruelty defined

For Section 85, the term cruelty covers either of the following:

1. Section 86(a): Wilful conduct likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb or health, whether mental or physical.
2. Section 86(b): Harassment intended to coerce the woman or a related person to meet an unlawful demand for property or valuable security, or harassment on account of failure to meet that demand.

Thus, a demand for dowry is not an indispensable element of every cruelty prosecution: serious wilful conduct meeting Section 86(a) may independently qualify. Conversely, ordinary disagreements alone do not automatically establish the statutory ingredients.

3. IPC 498A compared with BNS 85 and 86

4. Is Section 85 BNS cognizable and bailable?

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies Section 85 as non-bailable and triable by a Magistrate of the First Class. It is cognizable where the specified information is given to the officer in charge of a police station by the aggrieved woman, a person related to her by blood, marriage or adoption, or, in the absence of such a relative, an appropriately notified public servant.

Even in a cognizable case, arrest is not automatic. The police must observe the statutory requirements for arrest, including the necessity safeguards under Section 35 BNSS where applicable. Bail applications are determined under the relevant BNSS provisions and the facts of the case.

5. Who may initiate a complaint?

Section 220 BNSS regulates the court's taking cognizance of an offence under Section 85 BNS. The court may act on a police report disclosing the offence, or on a complaint by the aggrieved woman, her father, mother, brother, sister, her father's or mother's brother or sister, or, with the court's leave, another relative by blood, marriage or adoption. The rule governing cognizance is distinct from the First Schedule's condition for cognizable police information.

6. Evidence and investigation

Depending on the allegations, relevant material may include medical records, messages, financial demands, bank transactions, witness testimony, contemporaneous complaints and other admissible evidence. Electronic evidence must be produced and proved in accordance with applicable evidence law. The prosecution must establish the statutory ingredients against the particular accused; family relationship alone does not prove criminal liability.

7. Related laws and legal remedies

Conduct constituting cruelty may also raise issues under the Protection of Women from Domestic Violence Act, 2005, the Dowry Prohibition Act, 1961, or other criminal provisions, depending on the facts. Remedies under domestic violence law, including protection and monetary relief, are distinct from a prosecution under BNS Section 85. Different legal requirements apply to each remedy.

8. Which law applies to older incidents?

The BNS came into force on 1 July 2024. The IPC's repeal and applicable savings provisions preserve the legal treatment of offences committed under the former law. The date of alleged conduct, any continuing acts, and applicable transitional rules should be examined before selecting provisions in a complaint or charge.

9. Frequently asked questions

Has IPC Section 498A been removed?

The IPC was replaced prospectively by the BNS. Cruelty by a husband or his relatives remains criminalised under BNS Section 85, read with Section 86. Earlier conduct may remain governed by IPC Section 498A.

Can mental cruelty constitute the offence?

Yes, if the conduct meets the threshold in Section 86(a), including grave injury or danger to mental health, or otherwise satisfies Section 86(b). Every unhappy marital relationship does not necessarily constitute the criminal offence.

Is arrest mandatory after a complaint?

No. Arrest must comply with BNSS safeguards and the applicable judicial principles; registration or investigation of a case does not itself make arrest mandatory.

Can a person accused under Section 85 seek bail?

Yes. The offence is non-bailable, meaning bail is not an automatic right under the bailable-offence rule, but a competent court may grant bail in accordance with law.

10. Official legal sources

• Bharatiya Nyaya Sanhita, 2023 - official India Code PDF (Sections 85, 86 and 358)
• Bharatiya Nagarik Suraksha Sanhita, 2023 - official India Code PDF (Section 220)
• BNSS First Schedule - National Crime Records Bureau
• Bureau of Police Research and Development - IPC/BNS comparison

This article is general legal information. Its application depends on the facts and law governing the relevant period.