Cruelty to a Woman by Husband or Relatives Under the BNS (Section 85): the New 498A (2026)
What cruelty to a woman by her husband or his relatives means under Section 85 of the Bharatiya Nyaya Sanhita (BNS), how Section 86 defines cruelty, how both map to the old Section 498A of the IPC, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Cruelty to a woman by her husband or his relatives is punished under Section 85 of the Bharatiya Nyaya Sanhita (BNS), with "cruelty" defined in Section 86. Together they replaced Section 498A of the Indian Penal Code (IPC) from 1 July 2024. The punishment is imprisonment up to three years and a fine. This explainer sets out what Sections 85 and 86 cover, how they map to the old 498A, and what changed. Last verified October 2026.
- New sections: cruelty by a husband or his relatives is Section 85 of the BNS, with cruelty defined in Section 86, in force since 1 July 2024.
- Old section: both replaced Section 498A of the IPC.
- Punishment: imprisonment up to 3 years, and a fine. Cognizable and non-bailable.
- What changed: the single old section was split into an offence (85) and a definition (86); the substance is the same.
01The offence everyone calls 498A
For decades, "498A" was shorthand for the criminal provision that protects a married woman from cruelty by her husband or his family. It is one of the most used, and most argued over, sections in Indian criminal law. Since 1 July 2024 the same offence lives in the BNS, split across two sections: Section 85 carries the offence and its punishment, and Section 86 defines what "cruelty" means.
So if you still search for "498A", the provisions you now need are Sections 85 and 86 of the BNS. The substance is carried over from the old 498A.
02What Section 85 covers
Section 85 of the BNS says that whoever, being the husband or a relative of the husband of a woman, subjects that woman to cruelty shall be punished with imprisonment up to three years, and shall also be liable to a fine.
The key elements are:
- The accused is the husband, or a relative of the husband, of the woman.
- The woman was subjected to cruelty, as cruelty is defined in Section 86.
Two sections, one offence
Read Section 85 with Section 86. Section 85 says who is liable and the punishment. Section 86 tells you what counts as cruelty. Dowry death, where a woman dies unnaturally within seven years of marriage, is a separate and heavier offence under Section 80 of the BNS.
03How Section 86 defines cruelty
Section 86 defines "cruelty" for the purpose of Section 85. It covers two broad kinds of conduct:
- Conduct that drives a woman towards grave harm. Any wilful conduct of a kind likely to drive the woman to suicide, or to cause grave injury or danger to her life, limb, or health, whether mental or physical.
- Harassment for an unlawful dowry demand. Harassment of the woman where it is to coerce her or any person related to her to meet an unlawful demand for property or valuable security, or because she or her relatives failed to meet such a demand.
Cruelty under Section 86 is both mental and physical. It is not limited to dowry, though a dowry demand is one clear form of it.
This two-limb definition is carried over from the old Explanation to Section 498A, so the meaning of cruelty does not change.
04Old to new: IPC 498A to BNS 85 and 86
Section 498A of the IPC is now split into Sections 85 and 86 of the BNS. The old Section 498A contained both the offence and the Explanation defining cruelty. The BNS separates them.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Offence and punishment | Section 498A (main part) | Section 85 |
| Definition of cruelty | Explanation to Section 498A | Section 86 |
| Punishment | Up to 3 years and fine | Up to 3 years and fine |
Splitting the offence and the definition is a drafting change, not a change in the law. The ingredients, the two-limb meaning of cruelty, and the punishment are the same.
05Punishment and classification
The punishment under Section 85 is imprisonment of either description up to three years, and a fine.
On classification, the offence is:
- Cognizable: the police can register an FIR and investigate.
- Non-bailable: bail is decided by the court.
- Non-compoundable as a general matter, and triable by a Magistrate.
Because it is readily triggered by an FIR, courts and the Supreme Court have laid down safeguards against misuse, such as careful scrutiny before arrest. These safeguards developed under Section 498A and continue to apply.
06What changed from the old law
In substance, nothing changed. The offence, the definition of cruelty, the punishment, and the safeguards against misuse are carried over from Section 498A. The visible change is structural: one old section became two, with the offence in Section 85 and the definition in Section 86.
Because of this, case law on Section 498A, including the Supreme Court guidance on arrest and on screening complaints, still applies. For the related and heavier offence of dowry death, see Section 80 of the BNS.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cruelty cases turn heavily on precedent, both on what amounts to cruelty and on the safeguards against misuse, and they often run with maintenance, divorce, and dowry-death matters. Offences and procedure under Sections 85 and 86 are charged and litigated in cases across India. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can pull how courts have applied the definition and the safeguards, or follow a live matter by party or advocate name.
Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For wider research, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 85, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 498A IPC in the BNS?
Section 498A of the IPC is now split into Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. Section 85 carries the offence and punishment, and Section 86 defines cruelty. The substance is carried over.
What is the punishment under BNS Section 85?
Imprisonment of either description up to three years, and a fine, for a husband or a relative of the husband who subjects a woman to cruelty as defined in Section 86.
How does Section 86 define cruelty?
It covers wilful conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb, or health, whether mental or physical, and harassment to coerce the woman or her relatives to meet an unlawful demand for property or valuable security.
Is Section 85 of the BNS bailable?
No. Cruelty under Section 85 is a cognizable and non-bailable offence, and generally non-compoundable, triable by a Magistrate. Courts apply safeguards against misuse that developed under the old Section 498A.
What changed from Section 498A IPC?
In substance, nothing. The offence, the definition of cruelty, and the punishment are carried over. The change is structural: one old section became two, an offence in Section 85 and a definition in Section 86.
Can I track a Section 85 case in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks and researches the matter but does not give legal advice.