Cruelty
Also called: Cruelty by husband or relative, Matrimonial cruelty
For Section 85 of the BNS, cruelty means wilful conduct likely to drive a woman to suicide or gravely endanger her life, limb or health, or harassment to coerce her or her relatives to meet an unlawful demand.
Explained
Section 85 of the BNS punishes a husband or a relative of the husband who subjects a woman to cruelty with imprisonment up to three years and fine. Section 86 defines cruelty for that purpose. Together they reproduce Section 498A of the IPC and its Explanation, now split into a punishing section and a defining section.
The definition has two limbs. Under clause (a), cruelty is any 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. Under clause (b), it is harassment of the woman 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 to meet such a demand. Clause (b) covers dowry harassment but is wider, since any unlawful demand for property qualifies. Clause (a) does not need any demand at all.
The definition is borrowed by evidence law. Under Section 117 of the BSA, where a married woman commits suicide within seven years of marriage and her husband or his relative had subjected her to cruelty, the Court may presume abetment of suicide, and the Explanation adopts the meaning in Section 86 of the BNS. This presumption is discretionary. It differs from Section 118 of the BSA on dowry death, read with Section 80 of the BNS, where the Court shall presume once cruelty or harassment for dowry soon before death is shown. On the procedural side, Section 220 of the BNSS restricts cognizance of a Section 85 offence to a police report or a complaint by the aggrieved woman or specified relatives.
Cruelty is also a matrimonial ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, where it is judged by civil standards and is not limited to the statutory definition in Section 86. Examiners test the two clauses, the three year maximum, the may presume and shall presume contrast, and who may complain under Section 220 of the BNSS.
What the law says
For the purposes of section 85, “cruelty” means—
(a) 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) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Definition of cruelty for Section 85
Earlier law: IPC 498A. Explanation
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Offence of cruelty by husband or relative
Earlier law: IPC 498A. Husband or relative of husband of a woman subjecting her to cruelty.
Explanation.—For the purposes of this section, “cruelty” shall have the same meaning as in section 86 of the Bharatiya Nyaya Sanhita, 2023.
Presumption of abetment of suicide on proof of cruelty
Earlier law: IEA 113A. Presumption as to abetment of suicide by a married woman.
No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.
Who may set the law in motion for Section 85
Earlier law: CRPC 198A. Prosecution of offences under section 498A of the Indian Penal Code
Section 13, Hindu Marriage Act
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]
(ii) has ceased to be a Hindu by conversion to another religion; or
Section 13(1)(ia): cruelty as a ground of divorce
Earlier law: Section 498A, IPC
Example
For example, if a husband repeatedly beats and threatens his wife to make her parents transfer their shop to him, his conduct falls within both clauses of Section 86 of the BNS.
For the exam
- Section 85 BNS punishes; Section 86 BNS defines. Earlier both were in Section 498A IPC.
- Maximum punishment under Section 85 BNS is three years and fine.
- Section 117 BSA: Court may presume abetment of suicide within seven years where cruelty is shown.
- Section 118 BSA on dowry death is a mandatory presumption: the Court shall presume.
- Cognizance only on police report or complaint by the woman or listed relatives (Section 220 BNSS).
178 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Related terms
- DowryProperty or valuable security given or agreed to be given, directly or indirectly, by or for a party to a marriage, at, before or after it, in connection with the marriage. Section 2, Dowry Prohibition Act.
- WomanUnder Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
- Domestic relationshipA relationship between two persons who live or have at any time lived together in a shared household, related by consanguinity, marriage, a relationship in the nature of marriage, adoption, or as joint family members.
- Aggrieved personUnder Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
- Valuable securityA document which is, or purports to be, one by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges legal liability. Section 2(31) of the BNS.
Further reading
- Mutual Consent Divorce in India: Steps, Waiting Period, Settlement, Legal Drive
- The Bharatiya Nyaya Sanhita, 2023, official text on India Code
- The Bharatiya Sakshya Adhiniyam, 2023, official text on India Code
- The Bharatiya Nagarik Suraksha Sanhita, 2023, official text on India Code
- The Hindu Marriage Act, 1955, official text on India Code
- The Indian Penal Code, 1860, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.