BNS Section 86: Meaning of cruelty for the offence of cruelty by a husband or his relatives (2026)
What Section 86 of the Bharatiya Nyaya Sanhita (BNS) means by "cruelty", how it works with the offence in Section 85, how it maps to Section 498A of the old Indian Penal Code (IPC), and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 86 of the Bharatiya Nyaya Sanhita (BNS) does one job. It defines what "cruelty" means for the offence of cruelty by a husband or his relatives. The offence itself, with its punishment, is in Section 85 of the BNS. Together they carry forward Section 498A of the Indian Penal Code (IPC) and its Explanation, in force since 1 July 2024. If you search for "498A", this pair of sections is what you now need. This explainer sets out what Section 86 defines, how it works with Section 85, the punishment, and how it maps to the old law. Last verified October 2026.
- New section: the meaning of cruelty is Section 86 of the BNS, in force since 1 July 2024.
- Offence section: the offence of cruelty by a husband or his relatives is Section 85, which uses this definition.
- Old law: it carries forward Section 498A of the IPC, with the offence in Section 85 and the meaning of cruelty (the old Explanation) in Section 86.
- Punishment (under Section 85): imprisonment up to three years, and a fine. Cognizable on complaint, non-bailable, triable by a Magistrate of the first class.
01Why this section matters
Cruelty by a husband or his relatives is one of the most charged provisions in Indian criminal law. The word "cruelty" carries a lot of weight, so the code sets out exactly what it means. Section 86 of the BNS is that definition. Without it, Section 85, which punishes the offence, would be hard to apply.
This matters in practice because arguments in these cases often turn on whether the conduct fits the legal meaning of cruelty, not just the ordinary meaning. For conduct on or after 1 July 2024, the charge is read under Sections 85 and 86 of the BNS, not Section 498A of the IPC.
02What Section 86 defines
For the purpose of Section 85, Section 86 says "cruelty" means either of the following:
- Conduct likely to drive a woman to suicide or grave injury: any wilful conduct of such a nature as is 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.
- Harassment over an unlawful demand: harassment of the woman where it is with a view to coercing her, or any person related to her, to meet an unlawful demand for any property or valuable security, or is on account of a failure by her or any person related to her to meet such a demand.
A definition, not a separate punishment
Section 86 only defines cruelty. It does not create a separate offence or carry its own punishment. The offence and the sentence are in Section 85 of the BNS, which uses this definition.
03The offence sits in Section 85
Section 85 of the BNS is the offence. It punishes a husband, or a relative of the husband of a woman, who subjects that woman to cruelty. The meaning of cruelty for this section is supplied by Section 86. So the two are read together: Section 85 tells you the offence and the punishment, and Section 86 tells you what counts as cruelty.
This pairing is the new form of the old Section 498A of the IPC, which had the offence in the main section and the meaning of cruelty in its Explanation. A related marriage offence, deceit as to a lawful marriage, is dealt with under Section 81 of the BNS.
04Old to new: IPC 498A to BNS 85 and 86
Section 498A of the IPC is now split across two sections of the BNS. The offence is in Section 85, and the meaning of cruelty, which was the Explanation to Section 498A, is in Section 86.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Offence of cruelty by husband or relative | Section 498A (main) | Section 85 |
| Meaning of cruelty | Explanation to Section 498A | Section 86 |
| Imprisonment | Up to three years | Up to three years |
| Fine | Yes | Yes |
The definition of cruelty is carried over without change in substance, so case law under Section 498A still applies.
05Punishment and classification
Section 86 carries no punishment of its own, because it is only a definition. The punishment is in Section 85. A husband or his relative who subjects a woman to cruelty is punished with imprisonment of either description for a term which may extend to three years, and a fine.
On classification, the offence under Section 85 is:
- Cognizable: but worked on the information of the aggrieved woman, a person related to her by blood, marriage, or adoption, or a notified public servant.
- Non-bailable: bail is decided by the court.
- Triable by a Magistrate of the first class.
Read the two sections together
Never read Section 86 on its own. It only has meaning when applied to the offence in Section 85. The punishment and the classification flow from Section 85.
06What changed from the old law
The main change is structural. The old Section 498A had the offence in the body and the meaning of cruelty in its Explanation. The BNS keeps the same substance but splits it into two sections: the offence in Section 85 and the definition in Section 86. The three year punishment and the meaning of cruelty carry over.
Because the substance is unchanged, the large body of case law on Section 498A still guides how Sections 85 and 86 are read. To look up how courts have read cruelty and harassment over unlawful demands, see case search across Indian courts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Cruelty cases are among the most common in the criminal courts, and they travel from complaint and charge to trial and often to quashing petitions in the High Court. Claw lets you follow how cruelty has been read under the old Section 498A and the paired new Sections 85 and 86, from early precedent to the latest order. It draws on 30 crore and more judgments, spanning the Supreme Court from 1950 and the High Courts from 1990, and tracks cases, orders and hearings across 9,102 courts, benches and forums, answering a search in under 5 seconds.
Claw treats customer documents as off limits for training its AI models, so case papers stay private. Open a free Claw account to map the cruelty case law and to keep track of a running matter by party or advocate name.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 86, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 498A IPC in the BNS?
Section 498A of the IPC is now split into Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. Section 85 is the offence of cruelty by a husband or his relatives, and Section 86 defines what cruelty means.
What does Section 86 define as cruelty?
Cruelty means wilful conduct likely to drive the woman to suicide or to cause grave injury or danger to her life, limb, or health, or harassment to coerce her or a relative to meet an unlawful demand for property or valuable security.
Does Section 86 carry a punishment?
No. Section 86 is only a definition. The punishment is in Section 85, which provides imprisonment of up to three years and a fine for cruelty by a husband or his relatives.
Is the offence under Section 85 bailable?
No. The offence is non-bailable and is triable by a Magistrate of the first class. It is cognizable, worked on the information of the aggrieved woman, a relative, or a notified public servant.
Does old case law on Section 498A still apply?
In large part, yes. Because the offence and the meaning of cruelty are carried over, decisions under Section 498A of the IPC continue to guide how Sections 85 and 86 of the BNS are read.
Can I track a cruelty case in Claw?
Yes. Claw follows a cruelty matter under Sections 85 and 86 by party or advocate name, listing its orders and hearings across 9,102 courts, benches and forums in under 5 seconds. It researches and tracks the case; the legal advice is for your counsel.