BNS Section 85
Can a husband be jailed for cruelty to his wife?
Short answer
Yes, a husband or his close relative can be imprisoned up to three years and fined for cruelty to his wife.
In detail
Section 85 of the Bharatiya Nyaya Sanhita, 2023 deals specifically with cruelty inflicted by a husband or anyone related to him. The law says that if a man who is married to a woman, or a close family member of the husband, treats the woman cruelly, he can be sentenced to prison for a period that may go up to three years. In addition to jail time, the court can also order the offender to pay a monetary fine. ‘Cruelty’ covers any behavior that causes physical injury, mental suffering, or severe emotional distress to the wife. The provision is meant to protect women from abuse within the home and to deter relatives from supporting such conduct. The exact length of imprisonment and the amount of the fine are decided by the judge, based on how serious the cruelty was. This section applies only to the husband and his relatives; other people who are cruel to a woman are dealt with under different provisions.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What actions are considered cruelty under this law?
- Can a brother of the husband be punished for cruelty to his sister-in-law?
- Is there a provision for compensation to the victim?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.