An Analysis of Sections 85 and 86 of the Bharatiya Nyaya Sanhita: Protecting Married Women from Cruelty.
Introduction
The Bharatiya Nyaya Sanhita (BNS) is a new, unified legal code. It aims to update and consolidate various laws in India. Two crucial sections, 85 and 86, replicate the provisions of Section 498A of the Indian Penal Code (IPC), addressing cruelty towards married women by their husbands or relatives. This article provides an in-depth analysis of these sections, exploring their implications, significance, and impact on safeguarding women's rights.
Section 85: Husband or Relative of Husband Subjecting Woman to Cruelty
Section 85 stipulates that whoever, being the husband or relative of the husband of a woman, subjects such woman to cruelty, must be punished with imprisonment for a term extending up to three years and a fine. This section aims to protect married women from physical, mental, and emotional abuse.
Section 86: Cruelty Defined
Section 86 defines "cruelty" as any willful conduct likely to:
Drive a woman to commit suicide.
Cause grave injury or danger to her life, limb, or health.
Harass her to coerce her or her relatives. Meet unlawful demands for property or valuables.
This definition encompasses various forms of cruelty, ensuring comprehensive protection for married women.
Comparison with Section 498A of the IPC
Sections 85 and 86 of the BNS mirror Section 498A IPC. They ensure legal protections against cruelty and harassment. This replication reinforces the commitment to preventing domestic violence and safeguarding women's rights.
Penalties and Protections
Both provisions stipulate identical penalties:
Imprisonment for up to three years.
- Fine
The BNS provides more protections, including:
Right to secure housing
- House in the matrimonial home
- Appointment of Protection Officers
Access to medical examinations and legal aid services
These protections empower married women to seek help against cruelty and harassment.
Interpretation of Cruelty
The Supreme Court interprets "cruelty" as intentional and malicious infliction of mental or physical suffering upon a woman, encompassing:
Bodily harm and sexual abuse inflict severe physical damage.
- Mental aspects (e.g., emotional distress, verbal abuse)
This interpretation ensures that various forms of cruelty are addressed and punished accordingly.
Demand for Dowry as Cruelty
Considering demand for dowry in marriage as cruelty. The Court may presume dowry death if the prosecution proves certain conditions, including:
Death within seven years of marriage.
Cruelty linked to dowry demands.
This provision addresses the pervasive issue of dowry-related harassment and violence.
Conclusion
Sections 85 and 86 of the Bharatiya Nyaya Sanhita protect married women's dignity and prevent cruelty. By incorporating these sections, the Indian legal system ensures continuity in legal protections against domestic violence, safeguarding women's rights and promoting gender justice.