Sections 85 and 86 of the Bharatiya Nyaya Sanhita (Polity)
Sections 85 and 86 of the Bharatiya Nyaya Sanhita (Polity)
Why In News:
The Supreme Court held that a man in a live-in relationship that qualifies as being 'in the nature of marriage' can be prosecuted for domestic cruelty, extending the protection available to legally married women to certain live-in partners as well.
Source: The Indian Express, Page 1, 4 August 2026 - 'Live-in relationship a reality, law on cruelty to partner applies: SC'; The Hindu, Page 12, 4 August 2026 - 'Domestic cruelty rules cover live-in couples: SC'
The Legal Provision
Cruelty by a husband or his relatives, earlier punished under Section 498A of the Indian Penal Code, is now addressed under Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Section 85 prescribes punishment (imprisonment up to three years and a fine) for cruelty by a husband or his relative towards a woman.
Section 86 defines 'cruelty' to include wilful conduct likely to drive a woman to suicide or cause grave injury, as well as harassment linked to unlawful demands such as dowry.
The offence is cognizable, non-bailable and non-compoundable.
The Supreme Court's Ruling
In Lokesh v. State of Karnataka, a Bench of Justices Sanjay Karol and N Kotiswar Singh held that Section 498A, applies to live-in relationships that are 'in the nature of marriage', where an intent to marry is established.
The Court reasoned that excluding such women from protection would be discriminatory and violate Article 14 of the Constitution.
The burden of establishing intent to marry lies initially on the woman seeking protection; not every live-in relationship attracts the provision.
The Court clarified that the Protection of Women from Domestic Violence Act, 2005 offers civil remedies but does not substitute for criminal liability under Section 498A.
Key Facts for Prelims
The BNS, 2023 replaced the Indian Penal Code, 1860, and came into force from 1 July 2024.
It is India’s new substantive criminal law, comprising 20 chapters and 358 sections, replacing the IPC while largely retaining its structural framework.
It systematically deals with punishments, general exceptions, abetment, offences against women & children, state, property, and public order, with a dedicated chapter for women and children.
A related evidentiary presumption under the Bharatiya Sakshya Adhiniyam, 2023 allows courts to presume that cruelty contributed to a married woman's suicide if it occurs within seven years of marriage.
The Domestic Violence Act, 2005 already recognises 'relationships in the nature of marriage' for civil remedies such as maintenance and residence orders, though the new ruling extends criminal liability as well.