Section 85 BNS (498A IPC) I Cruelty by Husband or Relatives | “Prevention Is Better Than Cure”

Section 85 of the Bharatiya Nyaya Sanhita (BNS) is the updated provision replacing Section 498A IPC, dealing with cruelty by a husband or his relatives toward a woman. This law continues to serve as one of the strongest legal protections for women facing domestic violence, dowry harassment, or mental cruelty within marriage.

The phrase “Prevention is better than cure” reflects the dual focus of the judicial system—preventing genuine domestic abuse while also preventing misuse of the law.

🔹 Key Features of Section 85 BNS:

Purpose: Protect women from cruelty, harassment for dowry, or conduct that may push them toward suicide.

Serious Nature of Offense:

Cognizable

Non-bailable

Non-compoundable

Punishment:

Up to 3 years imprisonment

Fine may also be imposed

🔹 “Prevention Is Better Than Cure” – Dual Approach
1. Prevention of Domestic Abuse:

Strong penal consequences deter offenders.

Combined remedies under BNS Section 85 and the Domestic Violence Act, 2005 provide protection, residence rights, maintenance, and safety orders for real victims.

2. Prevention of Misuse of the Law:

Due to concerns of false or exaggerated complaints, courts have issued safeguards:

No Automatic Arrests: Police must record valid reasons and conduct a preliminary investigation.

Family Welfare Committees:

Set up in every district.

Examine complaints.

Provide a cooling-off period and mediation before arrests in non-serious cases.

Specific Allegations Required: Courts reject vague or generalized accusations against entire families.

These measures ensure the law remains a shield for the oppressed—not a weapon for harassment.

📞 Contact:

Dr. Jinesh Soni – Advocate
📱 Mobile: 9772946899
📧 Email: [email protected]

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