The Story of a Woman: A Silent Suffering Behind Smiles
Imagine a young woman in her late twenties who was full of dreams when she got married. Her family had spent their life savings on her wedding, believing their daughter was entering a home where she would be loved and respected. For the first few months, everything seemed fine. But slowly, the reality began to unfold.
Her husband began taunting her for bringing insufficient dowry. His mother would ridicule her cooking, his sister would insult her in front of guests, and her husband would often raise his hand in anger after coming home drunk. She tried to adjust, as she had been told — “every marriage has problems.” But one night, after another episode of verbal and physical abuse, she packed her bags and went to her parents’ home.
When she shared her ordeal, her father hesitated — “These things happen in every household, beta. Try to compromise.”
But she had reached her breaking point. She decided to take legal help. And it was Section 85 of the Bharatiya Nyaya Sanhita (BNS) — the law that replaced Section 498A of the Indian Penal Code (IPC) — that gave her the strength to fight back.
This story of the woman represents countless women across India who suffer in silence due to cruelty by their husband or in-laws. Section 85 of the BNS exists precisely to protect such women from mental and physical harassment within marriage.
Understanding Section 85 of the Bharatiya Nyaya Sanhita (BNS)
Section 85 of the Bharatiya Nyaya Sanhita, 2023 (which replaced Section 498A IPC) states:
“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.”
This section recognizes that marriage should be based on respect and equality, not domination or cruelty. When a woman is subjected to cruelty — whether through physical assault, emotional abuse, mental harassment, or unlawful demands — the law steps in to protect her.
Meaning of ‘Cruelty’ under Section 85 BNS
The term cruelty covers both mental and physical abuse. While physical cruelty is easier to identify, mental cruelty often goes unnoticed — but it can be equally or even more damaging.
Cruelty includes:
- Any willful conduct that is likely to drive a woman to commit suicide or cause grave injury or danger to her life, limb, or health (whether mental or physical).
- Harassment of a woman where such harassment is done with a view to coercing her or her relatives to meet unlawful demands for property or valuable security — commonly known as dowry harassment.
Thus, cruelty is not limited to beating or assaulting a woman; even constant verbal abuse, humiliation, emotional neglect, and threats to her life or dignity constitute cruelty under this section.
Forms of Cruelty Recognized by Law
Cruelty can manifest in various ways, including:
- Physical Cruelty:
- Beating, slapping, or inflicting physical injury.
- Denying food or medical treatment.
- Forcing sexual acts or marital rape (though treated under separate legal provisions).
- Mental Cruelty:
- Continuous humiliation, insults, or threats.
- Controlling a woman’s freedom or isolating her from her family and friends.
- Spreading false allegations about her character.
- Forcing her to meet dowry demands or comparing her with other women.
- Economic Cruelty:
- Denying financial support for basic necessities.
- Seizing her earnings or stridhan (personal property).
- Preventing her from working or forcing her to surrender her salary.
- Sexual Cruelty:
- Forcing non-consensual sexual acts.
- Degrading treatment or making the woman feel violated within marriage.
Objective Behind Section 85 BNS
The main objective of Section 85 is to safeguard the dignity and life of married women and to act as a deterrent against domestic violence and dowry-related cruelty.
Historically, Indian society has seen numerous cases where women were subjected to inhumane treatment by their husbands or in-laws, often leading to suicides or deaths disguised as accidents. To combat this social evil, the legislature enacted this provision to make cruelty a criminal offense.
Punishment under Section 85 BNS
The punishment prescribed under Section 85 BNS is:
- Imprisonment for up to three years, and
- Fine, the amount of which is determined by the court depending on the severity of the cruelty.
This means even one incident of proven cruelty can lead to criminal prosecution, ensuring that offenders are held accountable.
Who Can Be Punished under Section 85 BNS?
The law applies to:
- The Husband: The primary offender, in most cases, who subjects his wife to cruelty.
- Relatives of the Husband: Including mother-in-law, father-in-law, brother-in-law, sister-in-law, or any relative who participates in or abets the cruelty.
Importantly, the section makes both the husband and his relatives equally liable if they are found complicit in the act.
Nature of the Offence
Under Section 85 BNS:
- Cognizable Offence: The police can register an FIR and arrest the accused without a warrant.
- Non-Bailable: The accused cannot claim bail as a matter of right; the court decides whether bail should be granted based on circumstances.
- Non-Compoundable: The offense cannot be settled privately between the parties; it requires judicial intervention to ensure justice.
This strict nature of the offense ensures that women are given proper protection and that the accused cannot easily escape the consequences of their actions.
How Can a Woman File a Complaint under Section 85 BNS?
A woman facing cruelty can take the following steps:
- Lodge an FIR at the nearest police station under Section 85 BNS.
- Approach the Women’s Cell or Crime Against Women Cell, which provides counseling and assists in filing complaints.
- File a Complaint before the Magistrate, detailing the incidents of cruelty.
- Simultaneously seek protection and maintenance under the Protection of Women from Domestic Violence Act, 2005 (PWDVA).
- Collect evidence such as medical reports, photographs, voice messages, witness statements, or letters showing harassment.
The police are bound to investigate the case, record witness statements, and submit a chargesheet if sufficient evidence exists.
Important Case Laws Related to Cruelty
- Girdhar Shankar Tawade v. State of Maharashtra (2002) 5 SCC 177
The Supreme Court held that not all harassment amounts to cruelty; it must be of such a nature that it causes grave injury or drives the woman to suicide. - State of Andhra Pradesh v. M. Madhusudhan Rao (2008) 15 SCC 582
The Court clarified that continuous harassment for dowry demands constitutes cruelty under Section 498A IPC (now Section 85 BNS). - Kans Raj v. State of Punjab (2000) 5 SCC 207
The Court observed that relatives who instigate or abet cruelty are equally punishable even if they do not directly participate in the act.
Misuse of Section 85 – A Delicate Balance
While Section 85 BNS is a powerful tool for protecting women, courts have also recognized instances of its misuse. There have been cases where false or exaggerated complaints were filed to settle personal scores.
However, this does not undermine the importance of the law. The judiciary ensures a balanced approach — protecting genuine victims while preventing its misuse. Courts have repeatedly emphasized that investigating agencies must ensure fair and unbiased investigation and that innocent relatives should not be unnecessarily harassed.
Interplay Between Section 85 BNS and Domestic Violence Act, 2005
Section 85 BNS is a criminal law provision, while the Domestic Violence Act, 2005 (PWDVA) provides civil remedies such as protection orders, residence rights, maintenance, and custody of children.
A woman can simultaneously pursue remedies under both laws — criminal prosecution under Section 85 BNS and civil relief under the Domestic Violence Act.
Role of Society and Awareness
Laws like Section 85 BNS are only effective when women are aware of their rights. Many victims endure years of cruelty without knowing that the law stands beside them.
Legal awareness campaigns, NGOs, and helplines play a vital role in empowering women to report cruelty and seek justice. Family members and neighbors must also be vigilant and supportive rather than silent spectators.
Conclusion
Section 85 of the Bharatiya Nyaya Sanhita serves as a shield for women trapped in abusive marriages, ensuring that cruelty — whether physical, mental, or emotional — does not go unpunished. It criminalizes conduct that undermines the very foundation of marriage — trust, respect, and mutual dignity.
This woman’s story, though fictional, mirrors the reality of countless women across India. But unlike many others, this woman chose to speak up — and when she did, the law stood beside her.
The essence of Section 85 BNS lies in this — to protect women’s dignity, to uphold their right to live without fear, and to ensure that no woman remains a silent victim within her own home.
Domestic cruelty is not a “family matter”; it is a crime. And through the Bharatiya Nyaya Sanhita, India takes another step toward ensuring that justice begins at home.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304