IPC 498 A - BNS 85 Delhi NCR
Section 498A of the Indian Penal Code (IPC) has been replaced by Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS).
These provisions protect married women from cruelty and harassment by their husbands or in-laws, carrying the same scope, penalties,
and legal procedures as before.The Breakdown1. The Offence & Punishment (Section 85 BNS / Formerly 498A IPC)The Crime: Subjects a woman
to cruelty by her husband or her husband’s relatives.Punishable By: Imprisonment for up to 3 years and a fine.Classification: It remains
cognizable (police can arrest without a warrant under specific conditions) and non-bailable.2. Defining “Cruelty” (Section 86 BNS)Cruelty
under the BNS is divided into two main categories, matching the previous IPC definition:Physical/Mental Harm: Willful conduct of such a
nature that it is likely to drive the woman to commit suicide, or causes grave danger to her life, limb, or health (mental or physical).
Dowry Harassment: Harassing the woman in order to coerce her (or her relatives) into meeting an unlawful demand for property/valuable security,
or harassing her due to a failure to meet such demands.Important Legal SafeguardsNo Automatic Arrest: While non-bailable, the Supreme Court’s
Arnesh Kumar guidelines remain strictly applicable. Police must provide written reasons for arrests and are required to first issue a notice of
appearance (e.g., under BNSS Section 35) to prevent unnecessary, immediate detention.Who Can File: Complaints can be filed by the aggrieved
woman herself, her relatives by blood, marriage, or adoption, or in their absence, a notified public servant.Official Bare ActsFor complete
text and procedural guidelines, you can refer to the official legal provisions:Read the exact text on Devgan.in’s BNS Section 85.View cruelty
definitions on Devgan.in’s BNS Section 86.If you are dealing with a specific matrimonial or legal situation and need advice on how these laws
are applied in court, could you tell me:Are you looking for information as a complainant or a defendant?What specific context are you trying
to understand (filing a complaint, anticipatory bail, or case quashing)?