BNS Section 86

BNS (Bharatiya Nyaya Sanhita) section 86 defines "cruelty" for the purposes of section 85, specifically in the context of offences against women and children.
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.

Example:
Vijay, constantly threatens his wife with violence and isolates her from her family in order to control her. This repeated cruelty and abuse can drive his wife to depression and suicidal thoughts. Vijay can be held guilty for cruelty under this Section. 

Key Points of BNS-86

BNS-86 defines "cruelty" for the purposes of Section 85 of the Bharatiya Nyaya Sanhita (BNS). It provides a framework for identifying actions that constitute cruelty, particularly in the context of matrimonial and familial relationships.
 

1. Definition of Cruelty:
    

   • Wilful Conduct (Subsection a): This includes any intentional behavior that:
      

     • Drives a Woman to Suicide: Actions or behavior that are severe enough to compel a woman to consider or attempt suicide.
        

     • Causes Grave Injury or Danger: Acts that endanger the woman’s life, physical well-being, or mental health.
        

   • Harassment (Subsection b): This involves:
      

     • Unlawful Demands: Coercion or pressure applied to the woman or her relatives to fulfill illegal demands for property or valuables.
        

     • Failure to Meet Demands: Harassment related to the failure to meet such demands, which is meant to intimidate or exploit.
        

2. Purpose of Definition:
    

   • The definition aims to protect women from severe mistreatment in marital and family contexts by criminalizing actions that have significant negative impacts on their well-being.
      

Definitions
 

• Wilful Conduct: Intentional actions taken with knowledge of their potential harm or impact.
   

• Grave Injury or Danger: Significant harm that threatens a person’s life, health, or safety.
   

• Harassment: Persistent and aggressive pressure or intimidation.
   

• Unlawful Demand: Requests for property or security that are not legally sanctioned.
   

Implications
 

• Legal Protection: BNS-86 provides a legal basis for addressing and penalizing acts of cruelty, ensuring that victims have recourse under the law.
   

• Judicial Interpretation: Courts interpret these definitions to assess whether specific actions qualify as cruelty based on their severity and intent.
   

BNS-86 is crucial for safeguarding individuals from severe and harmful behaviors within domestic and familial settings, ensuring that such actions are legally actionable.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.