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

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Paparambaka Rosamma v. State of Andhra Pradesh (1999)Decided on IPC section 498AThe Court set aside convictions under Sections 498-A and 302 IPC that rested only on a dying declaration, because the doctor certified only that the injured was conscious, not that she was in a fit state of mind.
• Arnesh Kumar v. State of Bihar (2014)Decided on IPC section 498APolice must not arrest automatically for offences punishable with up to seven years; they must record why arrest is necessary under Section 41 CrPC, and Magistrates must scrutinise those reasons before authorising detention.

Questions on this section

8 questions in 30 of our papers cite Section 85. Try these from the free papers:

1. 1. Z is married to H. B, Z's own brother, who is not related to H in any other way, repeatedly harasses Z to give up her share in their late father's property. Which statement is correct?

   A.B is guilty under Section 85 only if Z lives in the same house as BB.B is guilty under Section 85 only if the harassment occurs within seven years of her marriageC.B cannot be convicted under Section 85, as he is neither her husband nor a relative of her husbandD.B is guilty under Section 85 of the BNS, since the harassment concerns a demand for property
   Show answer

2. 2. The maximum punishment under Section 85 of the BNS for a husband or relative of the husband who subjects a woman to cruelty is imprisonment for a term which may extend to

   A.seven years, and fineB.five years, and fineC.two years, or fine, or bothD.three years, and fine
   Show answer

3. 3. Under Section 220 of the BNSS, a Court may take cognizance of an offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (cruelty by the husband or his relative) upon:

   A.a police report, or a complaint by the aggrieved woman, by specified close relatives, or with leave of the Court by any other relativeB.a complaint made by any person, whether or not related to the aggrieved woman, and no leave of the Court is needed for that purposeC.a complaint made by the aggrieved woman herself, and not on a police report or on a complaint by her father, mother or any other relativeD.a police report of the facts only, and not on a complaint by the woman or by any of her relatives
   Show answer