Cruelty by husband or relatives of the husband IPC Chapter XX-A: Section 498A

Three years after her wedding in Kharghar, a woman is told by her in-laws that her family must pay for a new car or she will not be allowed to stay. She is taunted daily and her phone is taken away. Before 1 July 2024 her family would have spoken of Section 498A, a number that lawyers, police and newspapers all know. Today the same conduct is covered by sections 85 and 86 of the Bharatiya Nyaya Sanhita. What exactly counts as cruelty, who can be charged and why has the Supreme Court repeatedly warned police against arresting automatically?

In two minutes

BNS s.85 (old IPC s.498A) punishes a husband or his relative who subjects a woman to cruelty with up to three years and fine, and s.86 defines cruelty as either conduct likely to drive her to suicide or cause grave injury, or harassment to coerce an unlawful demand for property.

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