Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) Versus Section 498A of the Indian Penal Code (IPC)

The Bharatiya Nyaya Sanhita (BNS) seeks to update and consolidate India's legal framework. Sections 85 and 86 of the BNS are significant because they replicate the provisions of Section 498A of the Indian Penal Code (IPC), which addresses the issue of cruelty towards married women by their husbands or in-laws. This replication ensures continuity in legal protections for women. Here’s an overview of these sections, their comparison, and their implications.
 

Section 498A of the Indian Penal Code (IPC)

Section 498A was introduced in the IPC in 1983 to provide protection to married women from cruelty inflicted by their husbands or the husband’s relatives.

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:
For the purposes of this section, "cruelty" means:

• (a) Any willful conduct which is of such a nature as 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.

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Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS)

Sections 85 and 86 of the BNS mirror the provisions of Section 498A IPC, ensuring that the protections against cruelty and harassment continue under the new legal 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:
For the purposes of this section, "cruelty" means:

• (a) Any willful conduct which is likely 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.

Section 86 of the BNS:

This section further clarifies the nature of harassment and cruelty, providing comprehensive coverage and ensuring clarity in its application.

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Comparison and Explanation

Verbatim Reproduction:

Sections 85 and 86 of the BNS are exact replicas of Section 498A of the IPC. This replication is vital for maintaining the continuity of legal protections for women, ensuring no dilution in the law.
 

Legal Continuity:

By reproducing Section 498A IPC in the BNS, the legislature ensures that existing judicial interpretations, legal precedents, and enforcement mechanisms applicable to Section 498A remain relevant. This seamless transition is crucial for the consistent application of the law.
 

Scope and Coverage:

Both Section 498A IPC and Sections 85 and 86 of the BNS cover:

• Willful conduct likely to drive a woman to commit suicide.

• Conduct causing grave injury or danger to the life, limb, or health of the woman.

• Harassment intended to coerce the woman or her relatives to meet unlawful demands for property or valuable security.
   

Penalties:

The penalties under both provisions are identical, stipulating imprisonment for up to three years and a fine. This consistency ensures that the law's deterrent effect remains strong.

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Significance of the Replication

Protection of Women’s Rights:

The replication underscores the legislature’s commitment to protecting women from domestic violence and harassment. By embedding these provisions in the BNS, the law reaffirms its stance against cruelty towards married women.

Judicial and Legal Clarity:

Maintaining the same language and provisions ensures that courts, law enforcement agencies, and legal practitioners can continue to apply and interpret the law uniformly. This clarity is essential for the effective administration of justice.

Policy Continuity:

The verbatim reproduction signals that the policy objectives underlying Section 498A IPC—preventing cruelty and protecting women—remain relevant and critical. This policy continuity is essential for addressing ongoing social issues related to domestic violence.
 

Conclusion

Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS) are direct reproductions of Section 498A of the Indian Penal Code (IPC), ensuring continuity and consistency in legal protections against cruelty towards married women. This replication highlights the enduring importance of these provisions in safeguarding women’s rights and addressing domestic violence, while maintaining the robust legal framework established by IPC Section 498A. By incorporating these sections into the BNS, the Indian legal system reinforces its commitment to preventing cruelty and protecting the dignity of married women.
 

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Why do you Need a Lawyer?

For a case under  Section 85 BNS  and Section 86 BNS, you will require the help of a lawyer, whether you are a victim, or an accused. A lawyer will help navigate through complex legal issues involved in proving or defending a Sections 85 and 86 BNS matter. He/she will prepare your case according to your needs, draft and guide you to gather evidence. A  good criminal laywer  is quintissential as this decision can make or break your case.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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