Cruelty within marriage remains one of the most serious concerns in India, leading to emotional, physical, and financial suffering for countless women. To address this issue, Section 85 of the Bharatiya Nyaya Sanhita (BNS) provides protection to women who face cruelty by their husband or his relatives.
This section is designed to safeguard women against domestic violence, dowry harassment, mental and physical cruelty, and financial exploitation. Filing a well-structured complaint is crucial to ensure justice and timely legal action.
In this article, we will guide you through:
- The meaning of Section 85 BNS
- What amounts to “cruelty” under law
- A step-by-step format for drafting a complaint
- Evidence required to strengthen your case
- Reliefs and legal remedies available to victims
What is Section 85 BNS (Cruelty by Husband or His Relatives)?
Section 85 BNS deals with cruelty inflicted on a woman by her husband or his family members. The term “cruelty” includes:
- Physical cruelty: Beatings, assaults, and injuries.
- Mental cruelty: Harassment, humiliation, threats, and abusive behavior.
- Economic cruelty: Withholding money, seizing earnings, or denying basic needs.
- Dowry-related harassment: Demands for money, property, or gifts before/after marriage.
Punishment under Section 85 BNS may include imprisonment, fine, or both, depending on the severity of cruelty.
Complaint Format for Section 85 BNS Cases
When drafting a complaint under Section 85 BNS, it is important to include complete and accurate details. Below is the structured complaint format you can follow:
1. Complainant’s Personal Information
- Full Name, Father’s Name, Age & DOB
- Current & Permanent Address
- Contact Details (Phone, Email)
- Occupation, Income, and Educational Qualification
2. Details of Husband and Accused Relatives
- Husband’s Full Name, Age, Address, Occupation & Income
- Names, Relationships, Addresses, and Income of in-laws/relatives involved
3. Marriage Details
- Date, Place, and Mode of Marriage (religious/registered)
- Witnesses and Registration Certificate (if available)
- Dowry demands before/after marriage
- Gifts or Stridhan given (attach bills if possible)
4. Married Life and Instances of Cruelty
- When the cruelty started
- Type of cruelty (mental/physical/emotional/economic)
- Specific incidents with dates, places, and details
- Any dowry demands, threats, or second marriage attempts
5. Medical or Physical Abuse Evidence
- Injuries suffered (with dates & medical reports)
- MLC (Medico-Legal Certificate) copies
- FIR details (if previously registered)
6. Supporting Evidence
- Audio/video recordings
- WhatsApp/SMS/emails proving harassment
- Photos of injuries
- Witness statements
- Complaints made to Women’s Cell/Police
7. Children (if any)
- Number, Names & Ages
- Custody details
- Whether children were also harassed or threatened
8. Residence & Separation Details
- Whether living in joint or nuclear family
- Current residence (with parents/relatives/shelter)
- Date of separation
9. Parallel Legal Proceedings (if filed)
- DV Act case under Section 12
- Maintenance application under BNSS Section 144
- Divorce petition details
- Any settlements or mediations attempted
10. Jurisdiction & Police Station
- Police station having jurisdiction
- Name/designation of Investigating Officer
11. Financial Harassment
- Stopping wife from working
- Forcing her to hand over salary
- Denying household/medical expenses
- Seizing Stridhan or dowry property
12. Mental & Emotional State
- Counselling received or not
- Pressure to withdraw complaint
- Fear of further violence
13. Reliefs/Demands from the Court
- Recovery of Stridhan
- Protection from further harassment
- Maintenance/lump sum settlement
- Custody of children
- Residence order
Evidence Required in Section 85 BNS Cases
Strong evidence can make or break a case. Victims should collect:
- Medical records and MLCs
- Audio/video proof of abuse
- Dowry demand records
- Written threats (letters, messages, emails)
- Witness testimonies
Remedies Available to the Victim
Apart from Section 85 BNS, victims can also seek relief under:
- Protection of Women from Domestic Violence Act, 2005
- Section 125 CrPC (BNSS equivalent – maintenance)
- Divorce proceedings under Hindu Marriage Act or Special Marriage Act
- Custody and residence rights
Conclusion
Cruelty by husband or in-laws is a serious punishable offence under Section 85 BNS. Women facing such harassment must not remain silent – they should seek legal support, collect evidence, and file a detailed complaint in the proper format.If you or someone you know is a victim of cruelty, consult a family lawyer immediately and approach the nearest police station or women’s cell for timely legal intervention.