Section 85 BNS Cruelty by Husband or Relatives and How to File FIR

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 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.

1. Write down what happened in plain language: dates, places, who did what, and the specific acts of cruelty or the dowry demand.
2. Go to the nearest police station. You can give information at any station; if it is not the jurisdiction, the police must register a Zero FIR and transfer it.
3. Hand over your written complaint and ask the officer to register an FIR under section 85 BNS. Mention section 86 for the meaning of cruelty.
4. The police must read the FIR back to you and give you a free copy. Keep it safely.
5. If the station refuses, send your written complaint to the Superintendent of Police, and if still ignored, file a complaint before the Magistrate.
6. Cooperate with any section 35 BNSS notice of appearance and keep copies of every document you submit.

• Marriage proof: marriage certificate, wedding photographs, or invitation card.
• Proof of dowry demands: messages, chats, emails, voice notes, or transfer records.
• Medical records of any injury, and the medical examination after the FIR.
• Photographs of injuries or damaged belongings, with dates.
• Names and statements of witnesses such as neighbours or family.
• A list of stridhan and dowry articles given, with bills or receipts where available.
• Any earlier complaints, calls to 112 or 1091, or counselling or protection records.

• Vague allegations against the entire extended family. Courts caution against naming relatives with no real role, so describe the specific act of each person (Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273).
• Waiting too long to file, which weakens the medical and photographic evidence of cruelty under section 86 BNS.
• Not keeping a copy of the FIR, which you are entitled to receive free.
• Treating section 85 BNS as the only remedy. A woman can also seek civil protection and maintenance under the Protection of Women from Domestic Violence Act 2005.
• Believing arrest is automatic. It is not; section 35 BNSS notice is the default for offences punishable up to seven years.

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.

• BNS Section 85, Bharatiya Nyaya Sanhita 2023: devgan.in/bns/section/85
• BNS Section 86, definition of cruelty: devgan.in/bns/section/86
• Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273: indiankanoon.org/doc/2982624
• Gian Singh v. State of Punjab, (2012) 10 SCC 303: indiankanoon.org/doc/69949024

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