Section 86 of Bharatiya Nyaya Sanhita (BNS) 2023 Cruelty Against Women

Cruelty Against Women Under Bharatiya Nyaya Sanhita (BNS), 2023

Under the new Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), Section 498A IPC (Cruelty Against Women) has now been replaced by Section 86 of BNS. This provision continues to protect married women from cruelty by their husband or in-laws.

1. Section 86 of Bharatiya Nyaya Sanhita (BNS), 2023

Definition of Cruelty

A husband or his relatives are guilty of cruelty if they:

Subject the wife to cruelty that causes grave injury (physical or mental) or leads to suicide.
Harass the wife for dowry demands, either before or after marriage.

Punishment Under Section 86 BNS

Imprisonment up to 3 years, and
Fine (amount decided by the court).

This is similar to Section 498A IPC, but now falls under the new legal framework.

2. Key Judgments on Cruelty Against Women

(i) Arnesh Kumar v. State of Bihar (2014) (SC)

Key Ruling:

Supreme Court ruled that arrests under 498A (now Section 86 BNS) should not be automatic.
No immediate arrest without proper investigation.
Police must follow CrPC Section 41A (Notice of Appearance) before arresting.

Impact:

Prevents misuse of anti-dowry laws.
Accused can apply for anticipatory bail (Section 438 CrPC) before arrest.

(ii) Rajesh Sharma v. State of UP (2017) (SC)

Key Ruling:

Guidelines for misuse of 498A IPC cases (now Section 86 BNS).
Family Welfare Committees (FWC) were set up to screen complaints before FIR registration.

Impact:

Protects men & families from false accusations.
However, FWCs were later removed in 2018, as they delayed justice for genuine victims.

(iii) Kaliyaperumal v. State of Tamil Nadu (2003) (SC)

Key Ruling:

Clarified the difference between cruelty & dowry death.
Continuous cruelty + dowry demand must be proven for conviction.

Impact:

Strengthened protection for women.
Helped courts distinguish genuine cases from false ones.

3. How to File a Case Under Section 86 BNS

Step 1: File an FIR at the police station under Section 154 CrPC.
Step 2: Police conduct an investigation (collect medical reports, witness statements, etc.).
Step 3: If charges are proven, the police file a charge sheet in court.
Step 4: Court trial begins, and accused can apply for bail under CrPC.
Step 5: If found guilty, punishment is up to 3 years + fine.

4. Legal Safeguards Against False Cases

Anticipatory Bail (Section 438 CrPC) – Protection against wrongful arrest.
Quashing of FIR (Section 482 CrPC) – High Court can dismiss false cases.
Defamation Case (Section 499 IPC / BNS Equivalent) – If proven false, the accused can sue.
Perjury (Section 191 IPC / BNS Equivalent) – Legal action for false testimony.

5. Conclusion

Section 86 of BNS, 2023, retains the core principles of Section 498A IPC while ensuring better safeguards against misuse. Landmark judgments like Arnesh Kumar (2014) have helped prevent false cases, while Kaliyaperumal (2003) clarified the distinction between cruelty and dowry death.

Let me know if you need more details on any aspect! 🚀

498A cruelty Lawyer | Advocate in Delhi

Cruelty Against Women Under Bharatiya Nyaya Sanhita (BNS), 2023

1. Section 86 of Bharatiya Nyaya Sanhita (BNS), 2023

Definition of Cruelty

A husband or his relatives are guilty of cruelty if they:

Subject the wife to cruelty that causes grave injury (physical or mental) or leads to suicide.
Harass the wife for dowry demands, either before or after marriage.

Punishment Under Section 86 BNS

Imprisonment up to 3 years, and
Fine (amount decided by the court).

This is similar to Section 498A IPC, but now falls under the new legal framework.

2. Key Judgments on Cruelty Against Women

(i) Arnesh Kumar v. State of Bihar (2014) (SC)

Key Ruling:

Supreme Court ruled that arrests under 498A (now Section 86 BNS) should not be automatic.
No immediate arrest without proper investigation.
Police must follow CrPC Section 41A (Notice of Appearance) before arresting.

Impact:

Prevents misuse of anti-dowry laws.
Accused can apply for anticipatory bail (Section 438 CrPC) before arrest.

(ii) Rajesh Sharma v. State of UP (2017) (SC)

Key Ruling:

Guidelines for misuse of 498A IPC cases (now Section 86 BNS).
Family Welfare Committees (FWC) were set up to screen complaints before FIR registration.

Impact:

Protects men & families from false accusations.
However, FWCs were later removed in 2018, as they delayed justice for genuine victims.

(iii) Kaliyaperumal v. State of Tamil Nadu (2003) (SC)

Key Ruling:

Clarified the difference between cruelty & dowry death.
Continuous cruelty + dowry demand must be proven for conviction.

Impact:

Strengthened protection for women.
Helped courts distinguish genuine cases from false ones.

3. How to File a Case Under Section 86 BNS

4. Legal Safeguards Against False Cases

Anticipatory Bail (Section 438 CrPC) – Protection against wrongful arrest.
Quashing of FIR (Section 482 CrPC) – High Court can dismiss false cases.
Defamation Case (Section 499 IPC / BNS Equivalent) – If proven false, the accused can sue.
Perjury (Section 191 IPC / BNS Equivalent) – Legal action for false testimony.

5. Conclusion

Let me know if you need more details on any aspect! 🚀

Section 498A IPC: Cruelty Against Women (Legal Overview and Procedure)

Section 498A of the Indian Penal Code (IPC) is a criminal provision aimed at protecting married women from cruelty by their husband or in-laws. Below is a breakdown of its legal aspects, relevant provisions under different laws, and the procedure to file a case in court.

1. Relevant Provisions Under Various Laws:

(A) Indian Penal Code (IPC)

Section 498A IPC – Deals with cruelty by the husband or relatives of the husband. Cruelty includes:
- Harassment for dowry demands.
- Physical or mental torture causing harm to the woman.
- Any conduct leading to suicide or serious injury.

(B) Code of Criminal Procedure (CrPC)

Section 154 CrPC – Procedure for filing an FIR at the police station.
Section 41 CrPC – Power of police to arrest without a warrant.
Section 173(2) CrPC – Police submit a charge sheet after investigation.
Section 437 & 438 CrPC – Bail provisions (regular & anticipatory bail).
Section 482 CrPC – High Court’s power to quash false cases.

(C) Indian Evidence Act, 1872

Section 113A – Presumption of abetment of suicide in cases of cruelty.
Section 113B – Presumption in dowry death cases.

(D) Dowry Prohibition Act, 1961

Section 3 & 4 – Punishment for demanding or giving dowry.

2. Procedure to File a 498A Case in Court:

Step 1: Filing an FIR

The victim (wife) or her family can file a First Information Report (FIR) at the local police station under Section 154 CrPC.
The police will conduct a preliminary inquiry before registering the FIR.
FIR can also be filed online in some states.

Step 2: Police Investigation

The police will investigate by collecting evidence such as:
- Medical reports (if physical abuse is involved).
- Witness statements.
- Call recordings or messages.
- Financial transactions (for dowry demands).

Step 3: Arrest & Bail Process

Arrest is NOT mandatory after the 2014 Supreme Court ruling in Arnesh Kumar v. State of Bihar.
The accused can apply for anticipatory bail under Section 438 CrPC.

Step 4: Charge Sheet Filing

Once the investigation is complete, the police will file a charge sheet before the Magistrate Court under Section 173(2) CrPC.

Step 5: Court Proceedings

The trial takes place in a Judicial Magistrate First Class (JMFC) court.
The prosecution presents evidence.
The accused can defend through cross-examination & documentary proof.
If proven guilty, punishment can be up to 3 years of imprisonment + fine.

Step 6: Appeal Process

If convicted, the accused can appeal in Sessions Court, High Court, and Supreme Court.

3. Important Legal Safeguards for False 498A Cases

Anticipatory Bail (Section 438 CrPC) – Protection against immediate arrest.
Quashing of FIR (Section 482 CrPC) – High Court can dismiss false cases.
Defamation Case (Section 499 IPC) – If allegations are proven false.
Perjury (Section 191 IPC) – Legal action for false evidence.

Conclusion

Section 498A is a stringent law to protect women from harassment, but it has also been misused in some cases. Legal safeguards exist to prevent false accusations. It is advisable to consult a criminal lawyer specializing in 498A cases to handle legal proceedings effectively.

FAQs on Section 86 of BNS (Formerly 498A IPC) – Cruelty Against Women

1. What is Section 86 of the Bharatiya Nyaya Sanhita (BNS)?

Section 86 of BNS (formerly Section 498A IPC) punishes cruelty by a husband or his relatives towards a wife. It covers:

Physical or mental harassment that could lead to injury or suicide.
Harassment for dowry demands before or after marriage.

2. What is the punishment under Section 86 BNS?

The punishment includes:

Up to 3 years of imprisonment, and
Fine, as determined by the court.

3. Is Section 86 BNS a cognizable offense?

Yes, it is a cognizable offense, meaning police can register an FIR and investigate without prior court approval.

4. Is Section 86 BNS a bailable offense?

No, it is non-bailable, meaning the accused must apply for bail in court, and it is granted at the court’s discretion.

5. Can the husband’s relatives also be charged under Section 86 BNS?

Yes, if the wife is subjected to cruelty by the husband’s family, they can also be charged and prosecuted under this law.

6. How can a woman file a case under Section 86 BNS?

She can file an FIR at the nearest police station.
In some states, FIRs can be filed online.
The case will be investigated by the police before arresting anyone.

7. Can a husband get anticipatory bail under Section 86 BNS?

Yes, the husband or accused relatives can apply for anticipatory bail under Section 438 CrPC to prevent immediate arrest.

8. What if a woman files a false case under Section 86 BNS?

The accused can take legal action if the case is false:

Apply for quashing of FIR in the High Court under Section 482 CrPC.
File a defamation case under relevant BNS provisions.
Sue for perjury if false evidence is provided.

9. What is the difference between Section 86 BNS and Dowry Death Laws?

Section 86 BNS deals with cruelty that may or may not result in death.
Dowry Death (Section 105 BNS, formerly Section 304B IPC) applies if the wife dies under unnatural circumstances within 7 years of marriage, and there was dowry-related harassment.

10. Can Section 86 BNS cases be settled out of court?

No, Section 86 BNS is a non-compoundable offense, meaning it cannot be withdrawn or settled through a compromise. The case must go through trial unless the High Court quashes it.

11. What are the key Supreme Court rulings related to Section 86 BNS?

Arnesh Kumar v. State of Bihar (2014) – No automatic arrest; police must follow proper procedure.
Rajesh Sharma v. State of UP (2017) – Prevents misuse; ensures cases are screened properly.
Kaliyaperumal v. State of Tamil Nadu (2003) – Differentiates cruelty and dowry death.

12. Can a wife claim maintenance under Section 86 BNS?

Section 86 BNS itself does not provide maintenance, but she can file:

Section 125 CrPC – For maintenance from the husband.
Domestic Violence Act, 2005 – For financial support, residence rights, and protection orders.

13. How long does a Section 86 BNS case take to resolve?

Police investigation takes around 3-6 months.
Court trial may take 1-5 years, depending on case complexity and evidence.

14. Can the husband counter-sue if he is falsely accused?

Yes, if a false case is proven, the husband can file:

Defamation case (Civil & Criminal)
Perjury case (False evidence under BNS provisions)

15. What are the legal remedies if falsely accused?

Apply for anticipatory bail (Section 438 CrPC).
Challenge the FIR under Section 482 CrPC in the High Court.
Collect evidence (Call recordings, chats, CCTV, medical reports, etc.) to prove innocence.

Conclusion

Section 86 BNS continues to protect women from cruelty while ensuring safeguards against misuse. Victims should seek legal help from an experienced lawyer to file or defend cases effectively.

Let me know if you need more details! 🚀