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Husband or relative of husband of a woman subjecting her to cruelty
BNS Section 85, pertaining to cruelty by a husband or his relatives towards a woman, is essentially the new version of IPC Section 498A.
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.
Example:
Section 85 of the Bharatiya Nyaya Sanhita (BNS) deals with cruelty by a husband or his relatives towards a woman. Below are the important points and definitions you need to know:
Key Points:
Applicability: This section applies to cruelty inflicted by a woman’s husband or any relative of her husband.
Nature of Cruelty: Cruelty refers to any conduct that is:
- Likely to drive the woman to commit suicide.
- Causes grave injury or danger to her life, limb, or health (mental or physical).
- Harassment with the intent to coerce her or her relatives to meet unlawful demands for property or valuable security, including dowry.
Punishment:
- Imprisonment for a term which may extend to 3 years.
- The person is also liable to a fine.
Legal Protection: This section empowers a woman to file a complaint against her husband and his relatives in case of cruelty, ensuring protection from harassment, especially in dowry-related matters.
Definitions:
Cruelty: Any willful conduct that causes physical or mental harm, harassment, or pressure to meet unlawful demands like dowry.
Husband's Relatives: Any family members related to the husband, including parents, siblings, and extended family, who are involved in acts of cruelty.
Offence : Punishment for subjecting a married woman to cruelty.
Punishment : Imprisonment for 3 years and fine.
Cognizable or Non-cognizable : Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalf.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.
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Frequently Asked Questions on BNS Section 85
What is the punishment under BNS 85?
A husband or his relative who subjects a woman to cruelty shall be punished with imprisonment for a term that may extend to three years and shall also be liable to a fine.
Is BNS 85 a cognizable offense?
The offense is cognizable if information about its commission is provided to a police officer by the aggrieved person, by any relative of the aggrieved person by blood, marriage, or adoption, or, if no such relative exists, by any public servant belonging to a class or category notified by the State Government for this purpose.
Is BNS 85 a bailable offense?
No, BNS 85 is a Non-Cognizable offense. This means that police cannot investigate without the order of a competent magistrate.
