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Side-by-Side Comparison

498A vs 85

IPC 498A transitions into BNS 85 (offence) and BNS 86 (definition of cruelty), with mental health explicitly added to the definition.

What Changed?

IPC 498A contained the definition and punishment in one section.

BNS 85 provides the punishment for cruelty.

BNS 86 provides a detailed, modern definition of Cruelty, explicitly including mental health.

Verdict

"Strengthened protection for married women with explicitly defined mental and physical cruelty under BNS 86."

Detailed Analysis

OLD LAW (IPC)

498A

Act of 1860

Husband or relative of husband of a woman subjecting her to cruelty

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.
PunishmentUp to 3 years + Fine
REFORM
NEW LAW (BNS)

85

Act of 2024

Cruelty by husband or relatives

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.
Punishment3 years + Fine
1860
498A Origin
2024
85 Reform

Legal Implications

One of India's most debated laws, IPC 498A, is now Section 85 in the BNS. The most significant improvement is Section 86, which provides a legislative definition of Cruelty explicitly including mental health — ending inconsistent judicial interpretation about whether psychological harm alone qualifies.

Practical Scenarios

"A husband repeatedly threatening to divorce or hurt the wife to extract money (BNS 85 and 86)."

"In-laws subjecting a woman to persistent mental harassment (Cruelty under BNS 86)."

Expert Q&A

Is BNS 85 bailable?

No, Section 85 (like IPC 498A) is a non-bailable and cognizable offence.

Does the Arnesh Kumar judgment apply to BNS 85?

Yes, the Supreme Court guidelines regarding arrest only when necessary continue to apply to BNS 85.

What did the Arnesh Kumar judgment change about Section 498A arrests?

Arnesh Kumar v. State of Bihar (2014) directed that arrests under Section 498A should not be automatic. Magistrates must apply a checklist before authorising arrest. Police must justify why arrest is necessary. The judgment responded to widespread misuse of Section 498A as a 'tool for wreaking personal vendetta.'

Can 498A cases be settled between parties?

The Supreme Court in Jitendra Raghuvanshi (2013) held High Courts can quash 498A proceedings under Section 482 CrPC where parties have genuinely settled. Despite Section 498A being Non-Compoundable, courts exercise inherent jurisdiction to quash in genuine settlements.

What is the difference between IPC 498A and BNS 85/86?

BNS splits IPC 498A into two: BNS 85 (punishment — 3 years) and BNS 86 (definition of cruelty). BNS 86 clarifies 'cruelty' as: (a) wilful conduct likely to drive the woman to suicide or cause grave injury, OR (b) harassment for unlawful demand for property. Substantively identical to IPC 498A.

Related IPC Sections

304B : Dowry Death...306 : Abetment of Suicide...

Related BNS Sections

80 : Dowry Death...86 : Definition of Cruelty...

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