Bharatiya Nyaya Sanhita 2023
Section 85 :
Husband or relative of husband of woman subjecting her to cruelty :
(See section 498A of IPC 1860)
Section : 85
Classification of Offence:
Offence : Punishment for subjecting a married woman to cruelty.
Punishment : Imprisonment for three years and fine.
Cognizable or Non-cognizable : 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 behalf.
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Magistrate of the first class.
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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.
Indian Penal Code 1860 (IPC 1860)
Chapter XXA :
1.[Of Cruelly By Husband or Relatives of Husband :
Section 498A :
Husband or relative of husband or a woman subjecting her to cruelty:
(See section 85 of BNS 2023)
Classification of Offence:
Offence: Punishment for subjecting a married woman to cruelty.
Punishment :Imprisonment for 3 years and fine.
Cognizable or Non-cognizable :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 Govt. in this behalf.
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Magistrate of the first class.
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Whoever, being the husband or the relative of the husband of a woman, subjects such own to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation :
For the purpose of this section, cruelty means –
(a) any willful 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.]
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1. Ins. by Act 46 of 1983, s. 2.