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Quick Answer
Section 85 of the Bharatiya Nyaya Sanhita 2023 (replacing Section 498A IPC) criminalises cruelty by the husband or his relatives — including unlawful demands for property, harassment driving the woman to suicide or grave injury, and conduct likely to cause grave injury or danger to life. The Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, held that automatic arrest in 498A cases is impermissible — police must apply Section 35(3) BNSS notice procedure. The Supreme Court has expressed concern about misuse but maintains the protective scope of the provision.
Statutory reference
Section 85 BNS 2023
Related practice areas
Penal provision criminalising cruelty by husband or his relatives towards a married woman. Cognizable, non-bailable, non-compoundable. Section 85 BNS replaced Section 498A IPC effective 1 July 2024.
Section 498A IPC / Section 85 BNS is governed by Section 85 BNS 2023. Section 85 of the Bharatiya Nyaya Sanhita 2023 (replacing Section 498A IPC) criminalises cruelty by the husband or his relatives — including unlawful demands for property, harassment driving the woman to suicide or grave injury, and conduct likely to cause grave injury or danger to life. The Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, held that automatic arrest in 498A cases is impermissible — police must apply Section 35(3) BNSS notice procedure. The Supreme Court has expressed concern about misuse but maintains the protective scope of the provision.
Section 498A IPC / Section 85 BNS falls under Family & Matrimonial, Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.
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