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—bns-section-85-cruelty-husband-fir [2026/07/10 21:17] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-description=(BNS section 85 punishes a husband or relatives for cruelty to a woman. Learn how to file the FIR, what counts as cruelty under section 86, and arrest safeguards.)&metatag-keywords=(section 85 BNS cruelty husband FIR, BNS 85, section 86 BNS cruelty, 498A new law)&metatag-robots=(index,follow)&metatag-og:title=(Section 85 BNS Cruelty by Husband or Relatives and How to File FIR)&metatag-og:description=(BNS section 85 punishes a husband or relatives for cruelty to a woman. Learn how to file the FIR, what counts as cruelty under section 86, and arrest safeguards.)&metatag-og:type=(article)}}
 +====== 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.
 +
 +<WRAP info>
 +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.
 +</WRAP>
 +
 +===== What section 85 BNS covers =====
 +
 +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.
 +
 +===== Legal position in India =====
 +
 +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.
 +
 +===== Step-by-step: how to file the FIR =====
 +
 +  - Write down what happened in plain language: dates, places, who did what, and the specific acts of cruelty or the dowry demand.
 +  - 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.
 +  - 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.
 +  - The police must read the FIR back to you and give you a free copy. Keep it safely.
 +  - If the station refuses, send your written complaint to the Superintendent of Police, and if still ignored, file a complaint before the Magistrate.
 +  - Cooperate with any section 35 BNSS notice of appearance and keep copies of every document you submit.
 +
 +===== Documents and evidence that help =====
 +
 +  * 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.
 +
 +===== Common mistakes to avoid =====
 +
 +  * 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.
 +
 +<WRAP center round box>
 +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.
 +</WRAP>
 +
 +===== Frequently asked questions =====
 +
 +==== Is section 85 BNS bailable? ====
 +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.
 +
 +==== Is arrest automatic once an FIR is filed? ====
 +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.
 +
 +==== Can a section 85 BNS case be quashed or compromised? ====
 +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).
 +
 +==== What is the punishment under section 85 BNS? ====
 +Imprisonment for a term which may extend to three years, and the convicted person is also liable to a fine.
 +
 +==== What counts as cruelty under section 86 BNS? ====
 +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.
 +
 +==== What protects men and families from false or misused complaints? ====
 +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.
 +
 +==== Can in-laws and not just the husband be named? ====
 +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.
 +
 +==== Where do I file if my local station refuses? ====
 +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.
 +
 +===== Sources =====
 +
 +  * BNS Section 85, Bharatiya Nyaya Sanhita 2023: [[https://devgan.in/bns/section/85/|devgan.in/bns/section/85]]
 +  * BNS Section 86, definition of cruelty: [[https://devgan.in/bns/section/86/|devgan.in/bns/section/86]]
 +  * Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273: [[https://indiankanoon.org/doc/2982624/|indiankanoon.org/doc/2982624]]
 +  * Gian Singh v. State of Punjab, (2012) 10 SCC 303: [[https://indiankanoon.org/doc/69949024/|indiankanoon.org/doc/69949024]]
 +
 +===== Related on RTI Wiki =====
 +
 +  * [[https://righttoinformation.wiki/divorce-cruelty-desertion-section-13-hma-india|Divorce on grounds of cruelty and desertion under section 13 HMA]]
 +  * [[https://righttoinformation.wiki/anticipatory-bail-bnss-482-how-to-apply-india|How to apply for anticipatory bail under BNSS]]
 +  * [[https://righttoinformation.wiki/zero-fir-bnss-section-173-procedure|Zero FIR under BNSS section 173 procedure]]
 +  * [[https://righttoinformation.wiki/arrest-fir-notice-rights-india|Your rights on arrest and FIR notice]]
 +  * [[https://righttoinformation.wiki/child-custody-family-court-petition-india|Child custody and family court petition guide]]
 +  * [[https://righttoinformation.wiki/book|The RTI Playbook]]
 +  * [[https://righttoinformation.wiki/ai-to-draft-your-rti|AI RTI Drafter]]
 +  * [[https://righttoinformation.wiki/tools/first-appeal-app.html|First Appeal Builder]]
 +===== BNS Section 85 cruelty by husband: FIR, investigation, and bail conditions? =====
 +
 +Section 85 of the Bharatiya Nyaya Sanhita (BNS) deals with cruelty by husband or relatives. Here is the complete guide:
 +
 +  - **Step 1: What is Section 85 BNS?** (a) it replaced Section 498A IPC, (b) it criminalizes cruelty by a husband or his relatives toward a married woman, (c) cruelty includes: (i) willful conduct driving the woman to suicide, (ii) willful conduct causing grave injury or danger to life/limb/health, (iii) harassment with intent to coerce the woman or her relatives to meet unlawful demands for property/valuables, (iv) harassment for non-fulfillment of dowry demands.
 +  - **Step 2: How to file an FIR.** (a) the woman (or her relatives) can file an FIR at the police station, (b) the FIR must specify the acts of cruelty, dates, and witnesses, (c) the police must register the FIR under Section 85 BNS (cognizable, non-bailable), (d) the police can also add other sections (Section 86 BNS for dowry death threat, Section 75 BNS for sexual harassment).
 +  - **Step 3: Investigation.** (a) the police must investigate and file a charge sheet within 90 days, (b) the police must record statements of the woman, her relatives, and witnesses, (c) the police can arrest the accused (but see Section 85(2) — arrest only after preliminary investigation), (d) the Supreme Court has laid down guidelines to prevent misuse (Arnesh Kumar v. State of Bihar).
 +  - **Step 4: Bail conditions.** (a) Section 85 BNS is non-bailable and cognizable, (b) bail is at the discretion of the Magistrate, (c) the Arnesh Kumar guidelines require: (i) the police to record reasons for arrest, (ii) the police to issue a notice under Section 35 BNSS before arrest, (iii) arrest only if necessary for investigation or to prevent tampering, (d) the accused can seek anticipatory bail under Section 482 BNSS.
 +  - **Step 5: Anti-dowry provisions.** (a) Section 3 of the Dowry Prohibition Act — giving/taking dowry is punishable, (b) Section 4 — demanding dowry is punishable, (c) Section 85 BNS works alongside the Dowry Prohibition Act, (d) the woman can file under both.
 +  - **Step 6: DV Act remedy.** (a) the woman can also file under the DV Act 2005 for: (i) residence order, (ii) monetary relief, (iii) custody of children, (iv) protection order, (b) the DV Act proceeding is civil (in addition to criminal under BNS 85), (c) both can proceed simultaneously.
 +  - **Step 7: File RTI.** File RTI with the police department asking for: (a) the number of Section 85 BNS cases registered, (b) the conviction rate, (c) the number of cases found to be false/misuse, (d) the average time for charge sheet filing.
 +
 +See [[https://righttoinformation.wiki/dv-act-residence-order-protection-monetary-relief-india|DV Act]] and [[https://righttoinformation.wiki/child-custody|Child Custody]].
 +
 +{{tag>bns section 85 cruelty husband fir 498a ipc bail arnesh kumar dowry 2026}}