Bharatiya Nyaya Sanhita, 2023
Section 86 BNS: Cruelty Defined
Section 86 of the Bharatiya Nyaya Sanhita, 2023 defines the expression "cruelty" for the purposes of Section 85 BNS, which deals with cruelty by the husband or a relative of the husband of a woman.
Legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received Presidential assent on December 25, 2023. The Central Government brought the Sanhita into force from July 1, 2024, except Section 106(2). Section 86 is therefore in force.
Text of Section 86 of the Bharatiya Nyaya Sanhita, 2023
86. For the purposes of section 85, "cruelty" means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
What Section 86 BNS means
Section 86 does not create a separate offence by itself. It defines the type of conduct that amounts to "cruelty" when Section 85 is invoked. The definition contains two distinct limbs, and either may be relevant depending on the facts of a case.
1. Wilful conduct causing serious mental or physical danger
Clause (a) covers deliberate conduct of such gravity that it is likely to drive a woman to suicide or cause grave injury or danger to her life, limb, or health. The provision expressly includes both mental and physical health.
2. Harassment connected with unlawful property demands
Clause (b) covers harassment intended to coerce the woman, or a person related to her, into meeting an unlawful demand for property or valuable security. It also covers harassment because such a demand was not met.
Relationship between Sections 85 and 86 BNS
Section 85 BNS contains the substantive offence and provides punishment where the husband or a relative of the husband subjects a woman to cruelty. Section 86 supplies the statutory meaning of "cruelty" for that offence. Section 85 prescribes imprisonment which may extend to three years and fine.
Important: Whether conduct satisfies Section 86 depends on the facts, evidence, nature of the alleged acts, and their legal connection with Section 85. Ordinary matrimonial disagreements are not automatically equivalent to the statutory definition of cruelty.
Corresponding earlier provision
The language of Section 86 BNS substantially carries forward the definition of "cruelty" that appeared in the Explanation to Section 498A of the Indian Penal Code, 1860. For conduct occurring after the commencement of the BNS, Sections 85 and 86 are the current statutory provisions to examine, subject to the applicable facts and legal savings relating to earlier offences.
Key points about Section 86 BNS
- Section 86 is a definition provision linked specifically to Section 85.
- Cruelty may involve grave wilful conduct affecting mental or physical health.
- Cruelty may also consist of harassment tied to an unlawful demand for property or valuable security.
- The definition covers coercion directed at the woman as well as a person related to her.
- The offence and punishment are found in Section 85, not Section 86.
Official references
The statutory text and commencement notification can be checked from official Government of India sources: