Quick answer: Section 498A IPC (cruelty by husband or his relatives) is now split across Section 85 and Section 86 of the Bharatiya Nyaya Sanhita, 2023. Section 85 BNS is the offence and punishment: imprisonment up to three years and a fine. Section 86 BNS defines "cruelty". The BNS applies to offences committed on or after 1 July 2024; earlier conduct remains under Section 498A IPC.
People searching "85 BNS in IPC" or "498A IPC in BNS" are usually trying to map an old FIR or judgment to the new code. This guide does that mapping, explains each ingredient, and lists what to check when drafting a complaint, a reply or a bail application.
IPC to BNS mapping table
| Subject | IPC (before 1 July 2024) | BNS (from 1 July 2024) |
|---|---|---|
| Husband or relative subjecting a woman to cruelty: offence and punishment | Section 498A | Section 85 |
| Meaning of "cruelty" | Explanation to Section 498A | Section 86 |
| Dowry death | Section 304B | Section 80 |
| Abetment of suicide | Section 306 | Section 108 |
Watch the numbers. Sections 85 and 86 of the IPC deal with intoxication, not cruelty. "Section 85" on its own is ambiguous, so always write "Section 85 BNS" or "Section 85 IPC" in a complaint, application or note.
Section 85 BNS: the offence
Section 85 BNS punishes a husband, or a relative of the husband, of a woman who subjects her to cruelty. The punishment is imprisonment for a term that may extend to three years, and the person is also liable to a fine.
The ingredients a court generally examines are:
- The woman was married to the accused, or the accused is a relative of her husband.
- She was subjected to cruelty as defined in Section 86.
- The accused committed that cruelty.
General or sweeping allegations against every relative are a recurring issue in these cases. Courts examine whether the complaint attributes specific acts, with approximate dates, to each person named.
Section 86 BNS: what "cruelty" means
Section 86 BNS defines cruelty as either:
- (a) any wilful conduct of a nature likely to drive the woman to commit suicide, or to cause grave injury or danger to her life, limb or health, whether mental or physical; or
- (b) harassment of the woman with a view to coercing her or any person related to her to meet an unlawful demand for property or valuable security, or on account of failure by her or a related person to meet such a demand.
Clause (b) is where the Dowry Prohibition Act, 1961 usually overlaps. A dowry demand coupled with harassment can support both a Section 85 BNS charge and a charge under the 1961 Act.
Arrest, bail and the notice of appearance
The offence carries a maximum of three years. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that arrests in offences punishable with up to seven years should not be automatic, and that police must record reasons and consider issuing a notice of appearance. Under the new procedure code, that notice is in Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 41A CrPC).
Check the First Schedule of the BNSS for the current classification of the offence (cognizable or not, bailable or not, and which court tries it), and the relevant High Court's practice directions, before advising a client. If arrest is a real concern, read our anticipatory bail application format under the BNSS.
Mediation and settlement are common in matrimonial disputes. Whether proceedings can end on a settlement depends on the court's powers and the facts; it is a question for the client's advocate, not a form to fill in.
Drafting checklist for a complaint or reply
For the complainant:
- Marriage date, place and proof.
- Each incident with date or approximate period, place, the person responsible and what was said or done.
- Any demand for property or money, the amount and who made it.
- Medical records, messages, emails, call logs and witnesses, with dates.
- Earlier complaints to the police, a women's cell or a helpline.
For the accused:
- Residence details showing where each relative actually lived during the period alleged.
- Communications that contradict the dates or sequence alleged.
- Any earlier proceedings between the parties, such as divorce, maintenance or domestic-violence cases.
- The date of each alleged act, to decide whether the IPC or the BNS applies.
A dated chronology answers most of these questions at once. Juniorlawyer's legal chronology builder can draft one from the FIR and annexures for you to verify against the original papers.
Related guides
Compare other old and new sections in the BNS vs IPC comparison chart, and learn how to cite BNS sections in court. For divorce proceedings that often run alongside these cases, see the Section 13 Hindu Marriage Act guide. Browse the Indian law guides library for more, or explore Juniorlawyer's drafting features to prepare a first draft for review.