Domestic violence in the Bharatiya Nyaya Sanhita (BNS) is primarily addressed through provisions that deal with cruelty, harassment, physical violence, and emotional abuse within household or marital relationships. BNS places these offences under the broader category of Offences Against Women and Children, giving them special priority and recognition.
Domestic Violence Matters
Domestic Violence under BNS
1. Where Domestic Violence is Covered
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Domestic violence provisions in BNS fall under Chapter V – Offences Against Women and Children.
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The law consolidates various offences relating to cruelty, assault, and harassment in this chapter.
2. Section 85 – Cruelty by Husband or Husband’s Relatives
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Section 85 defines the offence of “cruelty” by a husband or his relatives.
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This is one of the primary provisions that address domestic violence under BNS.
3. Gender-Neutrality Aspect
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BNS has tried to make certain provisions more gender-neutral.
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According to some analyses, domestic violence reporting has become more inclusive: male and transgender victims can also file complaints under cruelty / abuse provisions.
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This is a significant shift, as older laws (e.g., IPC, older DV laws) were more focused on women as victims.
4. Punishment for Cruelty (Domestic Violence)
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For cruelty (under Section 85 + 86), the punishment may go up to 3 years of imprisonment plus a fine.
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This suggests BNS retains a relatively strong deterrent for domestic cruelty, comparable to or in line with earlier legal provisions
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Overview
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Description
Description: Domestic Violence Matters Under BNS
Under the Bharatiya Nyaya Sanhita (BNS), 2023, domestic violence is addressed primarily through provisions related to cruelty, harassment, physical abuse, emotional abuse, and wrongful conduct within domestic or marital relationships. The law places these offences under the broader framework of “Offenses Against Women and Children,” highlighting the seriousness with which domestic violence is treated in the new criminal code.
The central provision dealing with domestic violence is Section 85, which criminalizes cruelty by a husband or his relatives. This includes any intentional act that subjects a woman to physical injury, mental torture, humiliation, or harassment. The law also includes behaviour that forces a woman or her family to meet unlawful demands such as dowry, money, or valuable property. To clarify the scope of cruelty, Section 86 defines it broadly to include both physical harm and mental harassment, ensuring that not just violent acts but also emotional and psychological abuse are covered under the law.
The BNS strengthens protection for women by recognizing that domestic violence is not limited to hitting or injury; it can also include continuous harassment, threats, humiliation, financial pressure, or actions that push a woman toward extreme distress, including suicidal tendencies. The law provides punishment of up to three years of imprisonment, a fine, or both, depending on the severity and impact of the cruelty committed.
In addition to these sections, other provisions of the BNS related to assault, criminal force, intimidation, or sexual offences may also apply if domestic violence involves those elements. This makes the framework comprehensive, ensuring that all forms of abuse within the domestic setting can be prosecuted effectively.
The BNS also reflects a modern approach by shifting toward greater neutrality, acknowledging that domestic cruelty can occur in various family settings and that protection should extend to all victims based on circumstances. This creates a more inclusive legal system compared to older frameworks.
Overall, the Bharatiya Nyaya Sanhita provides a clear, structured, and stronger legal mechanism to address domestic violence. It emphasizes accountability, victim protection, and the need to safeguard the dignity and safety of individuals within the family environment. This ensures that acts of domestic cruelty whether physical, emotional, or financial are treated as serious crimes with appropriate legal consequences.
