The Bharatiya Nyaya Sanhita (BNS) 2023 has been introduced to modernize and consolidate India’s criminal laws, replacing several provisions of the Indian Penal Code (IPC). Among its key provisions, Sections 85 and 86 of the BNS play an important role as they replicate the protections previously provided under Section 498A of the IPC, which deals with cruelty against married women by their husbands or in-laws.
By incorporating these provisions into the new legal framework, the BNS ensures continuity in legal protection for women facing harassment, domestic violence, or cruelty within marriage. The inclusion of these sections reflects the legislature’s continued commitment to safeguarding women’s rights and addressing abuse within marital relationships.
Table of Contents
1. Understanding Section 352 of the Bharatiya Nyaya Sanhita (BNS)
2. Section 352 BNS – Verbatim Provision
3. The Legal Concept of Provocation
4. Comparison with Existing Legal Provisions
5. Implications of Section 352 BNS
6. Why Do You Need a Lawyer for a Section 352 BNS Case?
Section 498A of the Indian Penal Code (IPC)
Section 498A of the IPC was introduced in 1983 with the objective of protecting married women from cruelty and harassment inflicted by their husbands or their husband’s relatives. The provision was designed to address the growing concern of domestic violence, dowry harassment, and mental or physical abuse faced by women after marriage.
Text of Section 498A IPC
“498A. Husband or relative of husband of a woman subjecting her to cruelty — 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.”
Explanation of “Cruelty” under Section 498A
For the purpose of this section, cruelty includes:
(a) Any willful conduct that is likely to cause serious injury or danger to the woman’s life, limb, or health, whether mental or physical.
(b) Harassment of a woman with the intention of forcing her or her relatives to meet unlawful demands, such as dowry or property, or harassment due to failure to fulfill such demands.
Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS)
The Bharatiya Nyaya Sanhita 2023 retains the core principles of Section 498A IPC through Sections 85 and 86. These provisions ensure that protections against cruelty by a husband or his relatives continue without any dilution under the updated criminal law framework.
Section 85 of the BNS
“85. Husband or relative of husband of a woman subjecting her to cruelty — 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.”
Explanation
“85. Husband or relative of husband of a woman subjecting her to cruelty — 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.”
For the purposes of this section, cruelty includes:
(a) Any deliberate conduct likely to cause serious injury or danger to the life, limb, or health (mental or physical) of the woman.
(b) Harassment directed at the woman with the intention of forcing her or her relatives to fulfill unlawful demands for property or valuable security, or harassment resulting from failure to meet such demands.
Section 86 of the BNS
Section 86 of the Bharatiya Nyaya Sanhita further clarifies the scope of cruelty and harassment, helping ensure a more comprehensive understanding and application of the law. It supports the enforcement of legal safeguards against domestic abuse and dowry harassment, reinforcing the protection of married women under Indian criminal law.
Comparison Between Section 498A IPC and Sections 85–86 BNS
Verbatim Reproduction
Sections 85 and 86 of the BNS closely replicate Section 498A of the IPC, ensuring that the legal protections available to married women remain unchanged. This replication guarantees that the transition from the IPC to the BNS does not weaken existing safeguards.
Legal Continuity
By incorporating Section 498A into the Bharatiya Nyaya Sanhita, the legislature ensures that existing judicial precedents, interpretations, and enforcement mechanisms remain applicable. This continuity allows courts, lawyers, and law enforcement authorities to apply the law consistently without disruption.
Scope and Coverage
Both Section 498A IPC and Sections 85–86 BNS address:
- Conduct that may drive a woman to commit suicide
- Actions causing serious physical or mental harm
- Harassment or abuse related to dowry demands
- Cruelty by a husband or his relatives
These provisions play a crucial role in protecting women from domestic violence and coercive dowry practices.
Penalties
The punishment under both laws remains identical:
- Imprisonment for up to three years
- Fine
Maintaining the same penalty structure ensures that the deterrent effect of the law remains strong under the BNS framework.
Significance of Replicating Section 498A in the BNS
Protection of Women’s Rights
The inclusion of Sections 85 and 86 in the BNS reinforces the government’s commitment to protecting women from domestic cruelty, harassment, and dowry-related abuse.
Judicial and Legal Clarity
Retaining the same language and structure ensures that courts, police authorities, and legal professionals can continue interpreting and enforcing the law without confusion.
Policy Continuity
The replication of Section 498A demonstrates that the policy objective of preventing cruelty against married women remains a priority within India’s evolving criminal justice system.
Conclusions
Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) effectively continue the protections established under Section 498A of the Indian Penal Code. By replicating these provisions, the new criminal law framework maintains strong safeguards against cruelty, harassment, and domestic violence against married women.
The inclusion of these sections in the BNS 2023 highlights the ongoing importance of protecting women’s rights while ensuring that the legal system continues to address domestic abuse and dowry-related harassment effectively.
Why Do You Need a Lawyer for Sections 85 and 86 BNS?
If you are involved in a case under Section 85 BNS or Section 86 BNS, seeking assistance from an experienced lawyer is essential. Whether you are the victim or the accused, a legal professional can guide you through the complexities of criminal law.
A skilled criminal lawyer can help you:
- Understand your legal rights and options
- Prepare legal documents and petitions
- Collect and present evidence effectively
- Build a strong defense or prosecution strategy
Having the right legal representation can significantly influence the outcome of your case, making professional guidance crucial when dealing with cruelty or domestic violence cases under the BNS.
Advocate Arun Dalvi
4.6
Palghar
5+ Year Experience
Practice Areas: Divorce + many more
