IPC 498A in BNS: Cruelty by Husband is Now Section 85
IPC Section 498A — the provision most associated with matrimonial cruelty and dowry harassment complaints — is now BNS Section 85. As before, the definition of what counts as 'cruelty' sits in a separate, adjoining section: BNS 86 (previously part of the Section 498A Explanation in the IPC).
IPC → BNS ConverterOpen →Punishment under BNS 85
The punishment structure is unchanged: imprisonment for a term which may extend to three years, along with a fine. The offence remains cognizable and non-bailable when reported by the woman, her relative, or specified persons — the same reporting framework carried over from the IPC era.
Filing a fresh complaint after 1 July 2024
For conduct occurring on or after 1 July 2024, cite BNS Sections 85 and 86 together, since 86 supplies the definition that 85 relies on. If the alleged cruelty spans both before and after that date, the complaint may need to reference both the IPC and BNS provisions for the relevant periods — an advocate can help frame this correctly.
Frequently asked
- Is BNS 85 still non-bailable?
- Yes, the non-bailable, cognizable classification carries over from IPC 498A. Bail is decided by the Magistrate or Sessions Court based on the facts — always verify against the bare act and consult an advocate.
- Where is 'cruelty' defined now?
- BNS Section 86 defines cruelty for the purpose of Section 85, covering both wilful conduct likely to drive a woman to suicide or grave injury, and harassment connected to unlawful demands for property or valuable security.
Reference only — not legal advice. Verify with the official bare act and consult an advocate.