Any husband-wife argument can lead to arrest under this law.

Courts have held that only serious, specific cruelty — not ordinary marital disagreements — qualifies, and police must assess necessity before arresting (as emphasized in Arnesh Kumar v. State of Bihar, 2014).

This section only covers physical violence.

Cruelty can also include mental harassment, threats, or coercion for dowry, not just physical abuse.

All relatives of the husband are automatically liable.

Courts require proof of specific acts of cruelty by each accused person; blanket allegations against extended family are generally scrutinized carefully.

Bharatiya Nyaya Sanhita, 2023

Section 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.§

Why this exists

This provision continues the legacy of Section 498A of the Indian Penal Code, introduced in 1983 after growing public concern over dowry deaths and domestic abuse of married women in India. It was designed to give women a specific criminal remedy against cruelty by husbands and in-laws, recognizing that such abuse often happened within the privacy of the marital home and went unpunished under general assault laws.

How courts read it

Courts have long cautioned against misuse of this provision, especially in the era of Section 498A IPC, noting that vague or sweeping allegations against distant relatives sometimes led to unnecessary arrests. The Supreme Court, in cases like Arnesh Kumar v. State of Bihar (2014), directed police to avoid automatic arrests and to first assess whether arrest is truly necessary. Courts have also clarified that 'cruelty' must be specific and serious — ordinary marital discord or trivial quarrels do not qualify. These judicial principles are expected to continue guiding interpretation of Section 85 BNS, since its wording closely mirrors the earlier provision.

Common misconceptions

Myth: Any husband-wife argument can lead to arrest under this law.
Fact: Courts have held that only serious, specific cruelty — not ordinary marital disagreements — qualifies, and police must assess necessity before arresting (as emphasized in Arnesh Kumar v. State of Bihar, 2014).
Myth: This section only covers physical violence.
Fact: Cruelty can also include mental harassment, threats, or coercion for dowry, not just physical abuse.
Myth: All relatives of the husband are automatically liable.
Fact: Courts require proof of specific acts of cruelty by each accused person; blanket allegations against extended family are generally scrutinized carefully.