Section 85 and 86 of the Bharatiya Nyaya Sanhita (earlier Section 498A of the Indian Penal Code) deal with cruelty by a husband or his relatives towards a married woman. This page addresses matters where the allegations are disputed by the accused, and sets out the defence-side procedure — from the point an FIR is registered through to trial.
Who Needs This Page
This page is relevant if an FIR or complaint under Section 85–86 BNS has been filed against you or a family member, and the allegations are disputed or believed to be exaggerated or false as per the accused. It covers immediate steps to avoid arrest, the possibility of resolution through settlement, and what to expect if the matter proceeds to trial.
What Section 85–86 BNS Covers
These provisions criminalise cruelty by a husband or his relatives towards his wife, where cruelty is defined to include conduct likely to drive a woman to suicide or cause grave injury, harassment connected with a demand for property or valuable security, and wilful conduct likely to cause harm to her physical or mental health. The offence is non-bailable, meaning bail is not automatic and must be sought through the appropriate court.
Typical Case Flow
A Section 85–86 BNS matter typically proceeds as follows:
- Complaint or FIR registration, usually at the police station having jurisdiction over the complainant's residence.
- Investigation, during which statements are recorded and evidence is gathered by the investigating officer.
- Arrest safeguards. The Supreme Court, in Arnesh Kumar v. State of Bihar, directed that in offences punishable with imprisonment of up to seven years, police must first record satisfaction that arrest is necessary, and are generally required to issue a notice under Section 35 BNSS (earlier Section 41A CrPC) calling the person for questioning rather than arresting routinely.
- Chargesheet, if the investigation concludes that a case is made out, followed by trial before the appropriate court.
Immediate Steps for the Family
Where arrest appears imminent, anticipatory bail under Section 482 BNSS is typically the first step, filed before the Sessions Court, District Court Lucknow, or the High Court of Judicature at Allahabad, Lucknow Bench. See our anticipatory bail lawyer in Lucknow page for how that process works. Responding promptly and appropriately to any Section 35 BNSS notice, rather than ignoring it, is equally important at this stage.
Quashing on Matrimonial Settlement
Where the underlying dispute is matrimonial in nature and the parties reach a genuine settlement — often alongside a mutual consent divorce — courts have exercised their inherent power to quash the FIR and related proceedings under Section 85–86 BNS, recognising that continuing a criminal trial after real reconciliation or an agreed separation serves little purpose. See our FIR quashing in Lucknow page for the process involved in pursuing this route.
Parallel Proceedings
It is common for a 498A/Section 85-86 BNS complaint to arise alongside other matrimonial proceedings — a domestic violence application under the Protection of Women from Domestic Violence Act, a maintenance claim under Section 144 BNSS, and a divorce petition. These proceedings address different legal questions and are usually pursued in parallel rather than one waiting for another to conclude. See our pages on domestic violence matters in Lucknow and divorce in Lucknow for how these connect.
Bail Applications in These Matters
Where an arrest has already taken place or appears unavoidable, a regular bail application is filed before the appropriate court — the Magistrate in the first instance, escalating to the Sessions Court, District Court Lucknow, and then the High Court Lucknow Bench if required. As with any non-bailable offence, the court examines factors such as the material gathered by investigation, the accused's conduct, and the likelihood of tampering with evidence or influencing witnesses, rather than deciding on the basis of the allegation alone.
Trial Stage Defence
Where the matter proceeds to trial, defence work centres on the specific evidence led by the prosecution — testimony of the complainant and witnesses, any documentary evidence of alleged cruelty or demands, and medical or other records relied upon. Cross-examination and the presentation of the defence's own evidence are conducted at this stage before the trial court.
The Named Relatives Question
A recurring feature of Section 85–86 BNS complaints is that they often name several family members beyond the husband — parents-in-law, siblings, or other relatives. Courts have repeatedly cautioned against the automatic implication of every named relative without specific allegations against each person, and this is one of the areas where a defence lawyer examines the complaint closely: what precisely is alleged against each individual, and whether that allegation, if assumed true, actually discloses the offence as against that specific person. This assessment feeds directly into decisions on anticipatory bail and, where appropriate, quashing.
Documents and Information to Gather Early
Given how quickly these matters can move once an FIR is registered, it helps to have the following ready at the first consultation: a copy of the FIR or complaint if available, any prior communication between the parties (messages, letters, emails), details of the marriage and any existing matrimonial proceedings, and a clear account of the specific allegations as they relate to each named family member. This allows anticipatory bail or a response to any police notice to be prepared without delay.
Consult Advocate Sourabh Rawat
Advocate Sourabh Rawat represents clients in Section 85–86 BNS matters at every stage — anticipatory bail, quashing on settlement, and trial defence — before the courts in Lucknow. Consultations are available directly with the advocate at both chamber locations.