Cruelty defined
Section 86 of the Bharatiya Nyaya Sanhita, 2023 deals with cruelty defined. For the purposes of section 85, “cruelty” means—. The Act came into force on 01 Jul 2024.
For the purposes of section 85, “cruelty” means—.
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or.
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Section 86, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Arnesh Kumar v. State of Bihar
Decided under Indian Penal Code 498A, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Arrest is not automatic for offences punishable with imprisonment of seven years or less. Police must record satisfaction of the conditions in section 41 CrPC (and serve the section 41A notice where applicable) before arresting, including in 498A cases. Magistrates must scrutinise the need for detention.
On this section: mapping.csv maps IPC 498A to BNS 86 (cruelty defined). The Arnesh arrest discipline still governs 498A/86 investigations.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 86
What have the courts held on Section 86 of the Bharatiya Nyaya Sanhita?
Arnesh Kumar v. State of Bihar (02 Jul 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 498A, which this section replaced -- the court never mentioned this Act: mapping.csv maps IPC 498A to BNS 86 (cruelty defined). The Arnesh arrest discipline still governs 498A/86 investigations.
How do I find court cases under Section 86 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 86, section 86 BNS, section 86 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Arnesh Kumar v. State of Bihar (02 Jul 2014).
What should I read with Section 86 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 85 (Husband or relative of husband of a woman subjecting her to cruelty), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 86 of the Bharatiya Nyaya Sanhita come into force?
Section 86 of the Bharatiya Nyaya Sanhita, cited as BNS 86, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.