Section 86 of Bharatiya Nyaya Sanhita (BNS): Cruelty Defined

In Bharatiya Nyaya Sanhita Section 85 talks about cruelty towards women by their husband or their husband’s relatives. It states that if a husband or his relative treats a woman with cruelty by both physically and mentally then they can be held legally guilty. This set of law empowers women to report abuse of husband and in-law by making sure that the criminal gets punished.

If the husband or his relative are found guilty may face imprisonment for up to three years and a fine. Whereas Section 86 of BNS Defines the meaning of Cruelty faced by women in their marriage,  it describes harassment pressuring the woman by her husband or her relatives to fulfil illegal demands for money or property. Section 86 of BNS  will let us know under what circumstances a woman should take legal help. 

What is Section 86 of BNS?

For Section 85 of  BNS, Section 86 of BNS defines cruelty. It gives a framework to judge whether actions qualify as cruelty or not, especially when it comes to marriage and family relationships.The law defines cruelty in two ways:

1. Bodily Damage: When someone is physically hurt or suffers pain.

2. Mental Harassment: Any behaviour that can push a woman to take her own life, i.e., Suicide or seriously harm her life, health or well-being is considered mental harassment.

Section 86 of BNS is part of CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD in Bharatiya Nyaya Sanhita

• Statement:

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.

• Meaning of Statement:

1. First statement means that any intentional actions that are meant to harm a woman which could potentially drive her to attempt suicide. These actions may also cause serious injury that can cause danger to her life, body or overall health. This includes harm to both her physical well-being and mental health. 

2. Second statement means that harassment is when someone treats a woman badly in order to pressure her or her family members into giving demands for money, property or valuable items. It also refers to situations where the harassment occurs because the woman or her family did not fulfill these demands. 

Judicial Interpretation of Cruelty

Courts have a broad idea of what cruelty means under Section 86 to make sure that victims of both physical and mental abuse get the help they need. The Supreme Court has said that cruelty includes actions that are done on purpose to cause pain, whether it’s through words, emotions, or physical harm. This approach helps make sure that people suffering from different kinds of abuse are protected.

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What is Chapter V of Offences Against Woman and Child?

Offences against women and children are dealt with in Chapter V of the Bharatiya Nyaya Sanhita (BNS), 2023. Offences against children are covered in sections 93 to 99 of the BNS. These include abandonment, concealment, exploitation etc.

Some other crimes concerning women and children are:

Stripping away or illegally detaining an assisted married woman, Cruelty by a husband or his family towards a wife, Kidnapping or enticing a girl with the intent of forcing her to marry against her will, Dowry death, Rape, Homicide, Female feticide, Throwing Acid.

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Difference between Section 85 and Section 86

Section 85 of BNS

Section 86 of BNS

Section 85 of the BNS can be said to directly make for the punishment for cruelty to a married woman by her husband or his relations; it has used even the same vocabulary and intention as expressed in IPC Section 498A. The same punishments and the same definitions of “cruelty” are prescribed, hence there is no dilution of the protection offered to women.

Equally, Section 86 of the BNS follows on with the elaborate details of what constitutes “cruelty”, including willful conduct that is likely to drive the woman to suicide or causes grievous injury or harassment for dowry demands. This ensured that the same legal interpretation, precedents and enforcement mechanisms, as established under IPC Section 498A remain applicable under the new framework of the BNS.

Key Differences Between Section 86 of BNS and IPC 498A

While Section 86 of BNS and Section 498A of the Indian Penal Code (IPC) share similarities, the former is part of a broader legal reform intended to consolidate and update Indian law. Both sections target the same type of domestic abuse and cruelty toward women, but BNS includes additional protective measures, like the appointment of Protection Officers and access to legal aid​.

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Causes of Cruelty in Marriage in India under BNS 86

1. Money Stress: 

Controlling  or holding back money leaving the wife helpless and financially dependent so that they can financially and mentally abuse her.

2. Demand for Dowry: 

Harassment or cruelty connected to demands for money or dowry leads to cruelty in marriage as if the needs are not met, husband and his family start to abuse.

3. Breaking Connection: 

Preventing the wife from connecting with friends and relatives can result in social isolation which can cause depression or preventing them from talking to anyone about abuse going on.

4. Social pressures: 

Obligations from family or society that might cause tension and later violent conduct.

5. Being betrayed: 

Having sexual relationship other than spouse or using dishonesty to damage the relationship’s trust can cause abuse in relationship that may sometimes lead to cruelty.

Difference between IPC and BNS regarding Cruelty Defined

Indian Penal Code (IPC)	Bhartiya Nyaya Sanhita (BNS)
In IPC Section 498A talks about Cruelty Defined.	In BNS Section 86  talks about Cruelty Defined.
It was assented in the year, 1983.	It received the assent of the President on the 25th December, 2023.
It came into effect on the year, 1983.	It came into effect on July 1, 2024.
Statement: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.	Statement: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.

Important Point on Section 86 of Bharatiya Nyaya Sanhita

1. Criminal Responsibility in Voluntary Intoxication

• If somebody commits an offense while he is voluntarily intoxicated, then he shall be criminally liable as if he were sober.
• Voluntary intoxication is no defense to criminal charges.
  

2. Involuntary Intoxication

• Except in cases where the client is unwittingly intoxicated-through, for example, having been knocked unconscious by a drug-it can be a defense to some charges where the alcohol use has been involuntary.
• The person who took the intoxicating substance should not have known about it before they consumed it. They must also show that the substance affected their ability to understand what they were doing at the time, making it much harder for them to think clearly because of the intoxication.
  

3. Intention or Knowledge

• In crimes involving the requirement of intent or knowledge (as with premeditated murder), voluntary intoxication cannot defeat this requirement.
• If such intent or knowledge is prevented from forming through intoxication in the case of involuntary drunkenness, it may mitigate the conviction crime or offer a defense.
  

4. Rationale

• On the other hand, an element the rationale for s. 86 is to ensure that no one is able to escape responsibility for committing a crime based on any degree of intoxication as well as recognising that involuntary intoxication would be treated differently under the law.
  

5. Example:

• He always threatens his wife with violence and alienates her from her family to dominate her. Such repeated cruelty and torture can throw his wife into depression and suicidal thoughts. Vijay can be held guilty for cruelty under this Section.

Significant Point on Section 86 of BNS

According to Section 85 of the Bharatiya Nyaya Sanhita (BNS), cruelty is defined in Section 87 of BNS. It gives guidance on how to recognize actions that might be considered cruel, especially in marriage relationships.

1. Cruelty:

Section 86 of the BNS defines cruelty as intentional actions or behaviors that put a woman at risk, such as causing her to consider suicide, suffer serious injury or both.

2. Harassment:

This is caused by Unlawful Demands that is, pressure used on the woman or her family members to fulfil with unlawful requests for money, goods or dowry and if fails to meet the demands then exploitation through harassment is done leading woman to suicide or cruelty towards her.

3. Purpose of Definition:

The definition is meant to protect women from severe abuse in marriage and family relationships by stopping actions that seriously harm their health.

Impact of Section 86

1. Women Empowerment:

The most significant contribution to women’s empowerment and the ability to speak out against domestic abuse has come from Section 86. It has, therefore, not only given them protection under law but also given a legal framework through which justice can be achieved.

2. Social Awareness:

The existence of law brought about awareness as far as the serious threat of domestic violence in Indian society was concerned by generating a very essential discussion around it and establishing the need for gender equality.

3. Dispute and Misuse: 

Despite such high purposes, section 86 has been attacked for its misuse. It is on many occasions misused incorrectly leading to wrongful arrests and bruised the reputations of innocent people. Questions regarding the need for legal protection and reform have been raised through this type of use.

Effects of BNS Section 86:

1. Legal Protection: 

Section 86 of the BNS gives legal power to punish cruelty and those responsible for cruel acts that harm women, offering hope to victims seeking justice under the law.

2. Legal Translation: 

The court may use these definitions to decide if an act qualifies as cruelty, depending on how serious the act is and what the intention behind it was.

Punishment for Section 86 of BNS

IMPRISONMENT: Section of this act convicted people of cruelty are sentenced to imprisonment for upto 3 years.

FINE: Imprisonment is accompanied by fine as one of the sentences.

Additional Safeguards

Apart from imprisonment and fines, the Bharatiya Nyaya Sanhita includes provisions that allow victims to access further support. This may include securing their right to stay in the matrimonial home and access to medical and legal aid services. These measures provide a safety net for women seeking to escape abusive environments.

BNS 86 bailable or not?

Generally, the offences in BNS Section 86 are nonbailable, which means that the accused cannot easily be released on bail.

Bharatiya Nyaya Sanhita Section 86

Section	Offence	Punishment	Cognisable or Non-cognizable	Bailable or Non-bailable	By What Court Triable
86	Defines cruelty for Section 85	Punishable under Section 85	Cognizable (if reported by the victim or related persons)	Non-bailable	Magistrate of the First Class

Examples of Section of 86 of BNS:

1. Example 1:

A husband repeatedly threatens violence against his wife and cuts off all her ties with her family to make her obedient. This repeated emotional harassment and threat of physical torture can force her into deep mental torture and sometimes even suicidal thoughts. This would fall within the definition of cruelty under Section 86.

2. Example 2:

A man is continuously asking his wife or their family for dowry. He hectors and threatens them when they fail to meet his demands, but this does not pose significant psychological harm to his wife. This kind of harassment to extort unlawful demands also comes within cruelty.

Case Laws on BNS Section 86

1. Arnesh Kumar versus State of Bihar (2024) – Supreme Court of India

In this particular case, the Supreme Court highlighted the importance of preventing any misuse of Section 498A. Repeating that arrests under Section 498A should only be conducted when very much needed, the Court upheld its 2014 ruling. The Court added that complaints of cruel behavior alone are insufficient to prove the reality of the behavior. 

Relevance to Section 86: Section 86 of the Bharatiya Nyaya Sanhita is similar to Section 498A, which also focuses on protecting women from abuse. This case shows how important it is to have strong evidence before making any arrests, as this is crucial for the fair application of Section 86.

2. Rajesh Sharma versus State of Uttar Pradesh (2017) – Supreme Court of India

In solving the problem of fake cases filed under Section 498A, the Supreme Court recommended establishing Family Welfare Committees to examine complaints before taking any further action. The Court highlighted that cruelty must be considered on an individual basis and that courts should not punish someone based on false claims. 

Relevance to Section 86: In keeping with Section 86 of BNS goals of protecting women and maintaining fairness this case emphasises the necessity of carefully reviewing complaints in order to prevent wrongful arrest.  

3. Manju Ram Kalita versus State of Assam (2009)

The Supreme Court clarified that to constitute cruelty under Section 498A, the behaviour of the accused must be “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.” The judgment also emphasised that ordinary wear and tear of marital life cannot be considered cruelty.

Relevance to Section 86: This conclusion is supported by the definition of cruelty provided under Section 86, which promotes extreme behavior that results in severe harm. 

4. Sushil Kumar Sharma versus Union of India (2005)

The misuse of Section 498A was the subject of this case, which made it remarkable. The Supreme Court decided that even if the goal of the law is to protect women from abuse it is impossible to overlook the misuse of the provision. It brought attention to how crucial it is to protect people from false claims and strike a balance between women’s rights. 

Relevance to Section 86: Section 86 under BNS attempts to prevent cruelty in a similar manner to Section 498A, however, this decision sets an example for careful application to prevent misuse.

Conclusion

Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) offer a thorough solution to the problem of cruelty in marriage, especially in cases involving dowry harassment and physical or emotional abuse.

These provisions seek to offer women a semblance of protection by providing definitions of cruelty and providing for in great detail, willful exposure to danger to life or mental health as well as harassment in the form of unauthorised demands. 

A look at trends, landmark decisions and their interpretations reveals that the courts have taken measures to provide protection for victims while preventing the abuse of the relevant provisions of the law.

In this regard, it is important to note that these provisions have to be understood if the rights are to be protected and justice served when it comes to cases involving cruelty in marriage.

Frequently Asked Questions on Section 86

Q1. What is section 86 of BNS?

Ans.1.  BNS Section 86 defines cruelty as any deliberate behaviour that could push a woman to take her own life or seriously injure her life, body or health. It also covers harassment pertaining to unauthorised requests for valuable security or property. 

Q2. What are the rules for dowry prohibition?

Ans.2. Any contract pertaining to the payment or receipt of dowry is null and invalid. (c) within 3 [three months] of the woman turning eighteen years old, if the dowry was given to her when she was still a minor and while this transfer is pending, it will be held in trust for the woman’s benefit. 

Q3. What is the importance of Dowry Prohibition Act?

Ans.3. The DPA’s declared goal is to outlaw the practice of dowries. At the same time, though, the law does not intend to criminalise any gifts or voluntary exchanges made before or during the marriage. 

Q4. What is 85 and 86 BNS?

Ans.4. The requirements of Section 498A IPC are mirrored in Sections 85 and 86 of the BNS, guaranteeing that the safeguards against cruelty and harassment are maintained in the new legal framework. 

Q5. What is section 86 in simple words?

Ans.5. In conclusion, the Indian Penal Code’s Section 86 acknowledges the idea that an individual chooses to use drugs or alcohol and is accountable for their acts when intoxicated. 

Q6. Is a dowry case bailable?

Ans.6. The offence of IPC 498A is categorised as cognisable and non-bailable.

Q7. Is 85 or 86 positive?

Ans.7. Connect the 86 and 85 wires to the positive and negative posts of the battery, respectively. Actually, switching the polarity won’t affect anything unless the relay contains a diode; in that case, the electromagnet will still be engaged.