A woman facing dowry harassment, beatings, or constant mental torture by her husband or in-laws can go straight to the police: section 85 of the Bharatiya Nyaya Sanhita 2023 makes such cruelty a punishable crime, and this guide explains exactly how to file the FIR and what evidence helps.
Section 85 BNS punishes a husband or his relative who subjects a woman to cruelty with up to 3 years imprisonment and a fine. The offence is cognizable, non-bailable and non-compoundable. Section 86 defines cruelty. File a written complaint at any police station to start an FIR.
Section 85 of the Bharatiya Nyaya Sanhita 2023 replaces the old IPC section 498A. It applies when the husband or any relative of the husband subjects a married woman to cruelty. The punishment is imprisonment up to three years and a fine. Section 86 supplies the legal meaning of cruelty.
Under BNS section 85, 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. As per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita 2023, this offence is cognizable, non-bailable, non-compoundable and triable by a Magistrate of the first class.
BNS section 86 defines cruelty as: (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. This wording is the same as the old IPC section 498A.
Cognizable means the police can register an FIR and investigate without prior court permission. Non-bailable means bail is not a matter of right and is decided by the court. Non-compoundable means the complainant cannot simply withdraw the case by private settlement, though a High Court may still quash it (see the FAQ below).
A key safeguard is Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. Because section 85 carries a maximum of less than seven years, the Supreme Court held there can be no automatic or routine arrest. Police must first apply the checklist for arrest and, where arrest is not necessary, issue a written notice of appearance instead. That notice power was earlier in CrPC section 41A and is now section 35 of the Bharatiya Nagarik Suraksha Sanhita 2023. The accused must cooperate with that notice; arrest follows only if the officer records specific reasons.
Kashvi Pathak, a 28-year-old teacher from Lucknow district, faced repeated taunts and a demand for ₹5 lakh from her husband and in-laws through 2025. After a beating in December 2025, she wrote down every incident, saved the dowry-demand messages, and got herself medically examined. On 12 January 2026 she filed a written complaint at her local police station. The police registered an FIR under section 85 BNS, recorded section 86 cruelty, and issued the accused a section 35 BNSS notice rather than arresting them at once. Kashvi kept her free FIR copy and all evidence, which kept her case strong as the investigation proceeded.
No. Under the First Schedule to the BNSS 2023, the offence is non-bailable. Bail is not a matter of right; the accused must apply, and the court decides based on the facts and the arrest safeguards.
No. Following Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, there is no automatic arrest where the maximum punishment is under seven years. Police must justify arrest or instead issue a section 35 BNSS notice of appearance.
The offence is non-compoundable, so it cannot be withdrawn by a private settlement before the trial court. However, a High Court may quash the proceedings under section 528 BNSS, the inherent-powers provision that succeeds CrPC section 482, where the parties have genuinely settled a matrimonial dispute (Gian Singh v. State of Punjab, (2012) 10 SCC 303).
Imprisonment for a term which may extend to three years, and the convicted person is also liable to a fine.
Wilful conduct likely to drive the woman to suicide or cause grave injury or danger to her life, limb or health, whether mental or physical; or harassment to coerce an unlawful demand for property or valuable security.
The Arnesh Kumar safeguard against automatic arrest, the section 35 BNSS notice procedure, the courts cautioning against blanket naming of relatives, and the High Court power to quash baseless or settled cases under section 528 BNSS all act as checks against misuse.
Yes. Section 85 covers the husband or any relative of the husband. Each named person should be linked to a specific act of cruelty rather than named generally.
You can give information at any police station as a Zero FIR. If refused, escalate in writing to the Superintendent of Police, and if still ignored, approach the Magistrate.