Bharatiya Nyaya Sanhita: 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.

Simplified Explanation

Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offense of subjecting a woman to cruelty by her husband or a relative of her husband. This section criminalizes acts of cruelty that a woman might suffer at the hands of her husband or his family members, aiming to protect her from domestic abuse, mistreatment, and violence.

What does Section 85 address?

Section 85 specifically targets cruelty committed by the husband or the relatives of the husband towards the woman. The term “cruelty” in this context includes a wide range of abusive behavior, including physical, emotional, psychological, and financial harm.

Elements of the offense under Section 85:

1. Husband or Relative of Husband:
   • The section covers the husband and his relatives, which can include in-laws such as the mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or any other member of the husband’s family who might be involved in the cruelty.
2. Cruelty:
   • Cruelty refers to any behavior that causes physical or mental harm to the woman. It can take various forms:
     • Physical cruelty: Includes physical violence like beating, slapping, pushing, or any other form of physical assault.
     • Mental or emotional cruelty: Involves verbal abuse, humiliation, threats, or any form of conduct that harms the woman’s mental well-being.
     • Sexual cruelty: This includes forced sexual acts, harassment, or any form of sexual abuse.
     • Economic cruelty: Refers to depriving the woman of financial resources, controlling her access to money, or denying her the right to manage her own finances.
     • Social cruelty: This could include social isolation, denying her access to her social circle, or other actions that harm her reputation or social standing.
3. Subjecting to Cruelty:
   • The act of subjecting the woman to cruelty could be through repeated behavior or even a single severe act of violence. It reflects an ongoing pattern of abusive behavior or a specific incident of harm.
4. Purpose:
   • The section intends to hold the husband or his family members accountable for their actions if they intentionally harm or mistreat the woman. The behavior must be deliberate, causing her harm, suffering, or distress.

Punishment for the Offense:

• Imprisonment and/or fine: If found guilty under Section 85, the person committing cruelty can face imprisonment for up to 3 years and/or a fine. The punishment is intended to serve as a deterrent to those who perpetrate cruelty against women, especially within the confines of marriage or the family.

Purpose and Protection:

The main goals of Section 85 are:

• To protect women from domestic violence: This law ensures that women are not subjected to any form of cruelty, be it physical, mental, or economic, by their husbands or in-laws.
• To promote gender equality and safety: The section works toward safeguarding women’s rights within the family and marriage, ensuring they are treated with respect and dignity.
• To empower women: By making such behavior punishable, the law empowers women to take legal action against abusive husbands or relatives, providing them a legal avenue for protection and relief.

Example scenarios:

• Scenario 1: A husband repeatedly physically assaults his wife by beating her or pushing her. This is an act of physical cruelty under Section 85.
• Scenario 2: A woman is constantly humiliated by her mother-in-law, who insults her in front of others, criticizes her for every small action, and makes her feel worthless. This emotional abuse qualifies as cruelty under this section.
• Scenario 3: A husband denies his wife financial support, controls all the money, and refuses to allow her to spend or manage her own earnings. This would be considered economic cruelty and is punishable under Section 85.

In essence, Section 85 criminalizes the act of subjecting a woman to cruelty by her husband or his family members, offering protection against a broad range of abusive behaviors and ensuring that those who commit such acts face legal consequences. It highlights the importance of upholding the dignity, safety, and well-being of women within the institution of marriage.