For the purposes of section 85, “cruelty” means—.
(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.
Simplified Explanation
Section 86 of the Bharatiya Nyaya Sanhita (BNS), 2023 provides a definition of “cruelty” in the context of laws related to domestic abuse and violence. It lays out the legal framework for understanding what constitutes cruelty, particularly in cases of marital or familial abuse.
What does Section 86 address?
Section 86 aims to clearly define “cruelty” for the purpose of legal proceedings. The term cruelty is often used in various legal contexts, especially in cases of marital disputes or domestic violence, but its specific definition can vary. Section 86 provides a uniform and clear definition that applies within the legal framework of the Bharatiya Nyaya Sanhita, ensuring that cruelty is understood in a way that can be consistently applied in court.
Definition of Cruelty under Section 86:
- Physical Cruelty:
- Physical harm inflicted on a person, such as beating, kicking, slapping, or any form of physical assault that causes bodily injury or pain. This includes any act of violence that endangers the physical well-being of the victim.
- Mental or Emotional Cruelty:
- This includes verbal abuse, humiliation, insults, or threats that cause emotional distress.
- It also includes actions or behavior that mentally disturb or terrorize the victim, such as constantly degrading them or making them feel worthless.
- Psychological abuse can be ongoing, often leading to feelings of depression, anxiety, or helplessness.
- Sexual Cruelty:
- Sexual violence or any form of sexual harassment that violates the person’s consent, dignity, or bodily autonomy.
- This can also include forcing or coercing someone into unwanted sexual acts.
- Economic or Financial Cruelty:
- Depriving the person of financial resources or using money as a means of control. This includes not providing for the basic needs of the spouse or family members, controlling all finances, or preventing the person from managing their own earnings or property.
- Financial cruelty also includes withholding economic support, denying basic necessities, or preventing the victim from accessing resources required to live independently.
- Social Cruelty:
- Social isolation, where a person is cut off from their social circle, including friends and family. This can also include denying a person the ability to participate in community or cultural activities, or manipulating their social standing.
- This type of cruelty is often aimed at eroding the victim’s sense of self-worth and emotional support.
- Any Act of Cruelty that Causes Suffering:
- Section 86 also includes any other form of treatment that causes physical or mental suffering, even if it doesn’t neatly fall into the categories listed above.
- The key here is that the act must be designed to or result in severe emotional or physical harm, and it must undermine the dignity and well-being of the victim.
Purpose of Section 86:
- Clarification: It defines cruelty clearly, so that the legal system can treat acts of abuse consistently across cases. This ensures that the courts can prosecute domestic abuse more effectively.
- Protection: By defining what constitutes cruelty, the law seeks to protect victims from various forms of abuse that might not always be physical but can still cause significant harm (like emotional or financial abuse).
- Prevention: This definition aims to deter individuals from engaging in any form of cruelty by making it clear that all forms of abuse, including psychological and financial, are punishable under the law.
Example scenarios of cruelty under Section 86:
- Physical cruelty: A husband repeatedly beats his wife, causing bruises and injury. This is a clear example of physical cruelty.
- Emotional cruelty: A husband constantly insults his wife in front of others, calling her worthless and making her feel inferior. This would be considered emotional cruelty.
- Sexual cruelty: A husband forces his wife to have sex against her will, or uses sexual threats or violence. This is sexual cruelty.
- Economic cruelty: A husband refuses to allow his wife to access any financial resources or forces her to beg for money for basic necessities. This is economic cruelty.
Section 86 is crucial because it broadens the understanding of what cruelty entails and ensures that all forms of abuse—physical, emotional, financial, and sexual—are covered under the law. By providing a comprehensive definition, it helps the courts prosecute cases of domestic abuse more effectively, offering greater protection to victims of cruelty.
