498A vs 85

IPC Section 498A — introduced in 1983 to combat the epidemic of dowry deaths and bride burning — remains one of India's most frequently invoked criminal provisions. Under the BNS, it becomes Sections 85 and 86, with the most significant improvement being the elevation of the 'cruelty' definition to its own dedicated section. BNS 86 defines cruelty in two limbs: (a) willful conduct causing suicidal tendency or grave physical or mental injury — now explicitly including mental health — and (b) harassment for unlawful dowry or property demands, directed at the woman or any person related to her. The mental health inclusion resolves decades of inconsistent rulings about whether psychological torture without physical injury constitutes the offence — BNS 86 settles it legislatively. Section 498A was originally designed to be invoked as a strict liability provision — once the ingredients are proved, the court convicts. But widespread concern about misuse led the Supreme Court in Arnesh Kumar v. State of Bihar (2014) to issue landmark directions: police must apply their minds before arresting, magistrates must justify remand orders, and arrests must not be automatic upon complaint. These Arnesh Kumar guidelines apply equally to BNS 85. The Domestic Violence Act (2005) provides parallel civil remedies (residence orders, protection orders, maintenance) alongside BNS 85's criminal track.