Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023) deals with cruelty by a husband or his relatives. This provision protects married women from physical, mental, emotional, and economic cruelty, including dowry-related harassment.
If a woman wishes to file a complaint under Section 85 BNS, the following complete checklist ensures that no important detail or evidence is missed.
1. Complainant’s Personal Information
This section includes basic identification details of the aggrieved woman:
- Full Name
- Father’s Name
- Age and Date of Birth
- Present Address
- Permanent Address
- Contact Number
- Email ID
- Occupation & Monthly Income
- Educational Qualification
These details establish the complainant’s identity and jurisdiction.
2. Details of Husband and Other Accused Persons
Information required:
- Husband’s Full Name
- Age
- Residential Address
- Occupation and Income
- Names of in-laws or relatives involved
- Relationship with complainant
- Addresses of each accused
- Occupation & income of each relative
This helps identify all individuals responsible for cruelty.
3. Marriage Details
- Date and Place of Marriage
- Mode of marriage (Hindu rites/registered/civil)
- Names of marriage witnesses
- Whether marriage was registered
- Dowry demands made before or after marriage
- Gifts and Stridhan items given (attach list/bills if available)
These details help establish the marital relationship and dowry-related history.
4. Married Life and Instances of Cruelty
This is the most crucial section, covering:
- Date when cruelty began
- Nature of cruelty:
- Physical abuse
- Mental harassment
- Verbal/emotional abuse
- Economic abuse
- Physical abuse
- Specific incidents with:
- Dates
- Exact details
- Locations
- Dates
- Dowry demands (what, when, by whom)
- Threats to life, liberty, or reputation
- Whether husband remarried or threatened to
- Any instigation by relatives
The complaint should describe incidents clearly, chronologically, and truthfully.
5. Medical or Physical Abuse Evidence
If physical violence occurred:
- Injuries sustained
- MLC reports / medical certificates
- Hospital name and treatment details
- FIR filed earlier (attach copy)
Medical evidence strongly supports the allegations.
6. Supporting Evidence Available
Any proof to establish cruelty:
- Audio/video recordings
- WhatsApp messages, SMS, emails
- Photos of injuries
- Witness statements
- Complaints to women cell or police
- Written threats, calls, social media evidence
Digital evidence is highly valuable in dowry and cruelty cases.
7. Details About Children (If Any)
- Names and ages
- Who currently has custody
- Whether the child witnessed or suffered cruelty
- Any threats regarding child custody
This helps the court assess emotional impact on minor children.
8. Residence and Separation Status
- Whether living in joint or nuclear family
- Whether currently living with husband or separately
- Date of separation
- Present residence (parents/relatives/shelter home)
These details help determine jurisdiction and urgency.
9. Parallel or Previous Legal Proceedings
If any prior cases exist:
- DV Act case under Section 12
- Maintenance case under Section 144 BNSS
- Divorce petition
- Mediation or settlement history
- Previous FIR or NCR filed
These details prevent duplicity and establish legal background.
10. Jurisdiction & Police Station Details
- Police station where cruelty occurred
- Whether complaint was lodged
- Name/designation of IO
- Details of interactions with police
These details are necessary for proper filing and action.
11. Financial Harassment Details
Economic abuse includes:
- Not allowing her to work
- Taking away her earnings
- Denying basic financial needs
- Misappropriation of her Stridhan or money
This forms a major ground under Section 85 BNS.
12. Mental and Emotional Condition
- Whether she needs counselling
- Fear of further violence
- Pressure to withdraw complaint
- Emotional trauma
This helps the court understand the gravity of the situation.
13. Reliefs Requested by the Complainant
A woman may seek:
- Return of Stridhan
- Protection from harassment
- Monetary maintenance
- Permanent settlement
- Child custody
- Residence order
- Criminal action under Section 85 BNS
Conclusion
A complaint under Section 85 BNS must be detailed, supported by evidence, and filed correctly. This checklist ensures that the complainant includes all essential facts, documents, and legal grounds to strengthen her case.