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IPC Section 498A in BNS: Section 85

Husband or relative of husband of a woman subjecting her to cruelty

Section 498A of the Indian Penal Code, 1860 (Husband or relative of husband of a woman subjecting her to cruelty) corresponds to Section 85 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 85 is cognizable only on the condition set out in the table below, non-bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years and fine.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
85Punishment for subjecting a married woman to cruelty.Imprisonment for 3 years and fine.Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public servant belonging to such class or category as may be notified by the State Government in this behalfNon-bailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.

Text of BNS Section 85

85. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Full BNS Section 85 and every IPC section it replaced →

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