Domestic Violence Complaint (Section 85 BNS): Process, Rights and Defence

Section 85 of the Bharatiya Nyaya Sanhita (BNS), which replaced the widely known Section 498A of the Indian Penal Code, deals with cruelty to a woman by her husband or his relatives. It remains one of the most consequential — and most contested — provisions in Indian family law, whether you are the person seeking protection or someone who has been named in a complaint.

What Section 85 BNS Covers

The provision punishes "cruelty" as defined under Section 86 BNS, which includes:

• Wilful conduct likely to drive a woman to suicide or cause grave injury to her physical or mental health
• Harassment with a view to coercing her or her relatives to meet an unlawful demand for property or valuable security (commonly linked to dowry demands)
• Harassment on account of failure to meet such a demand

The offence is cognizable, non-bailable, and applies to the husband as well as his relatives who are shown to have participated in the cruelty.

How to File a Complaint

1. Approach the local police station or the Women's Cell / Crime Against Women Cell, ideally with a written narration of incidents, dates, and any evidence (messages, medical records, witness details)
2. Alternatively, or in addition, approach the Protection Officer under the Protection of Women from Domestic Violence Act, 2005, for civil remedies including protection orders, residence orders, and maintenance
3. A complaint can also be filed directly before the Magistrate

Many women pursue both the criminal complaint under Section 85 BNS and the civil remedies under the Domestic Violence Act simultaneously, since they serve different purposes — one is punitive, the other is protective and remedial.

What Evidence Strengthens a Complaint

• Medical records documenting injuries
• Messages, emails, or call recordings evidencing threats or harassment
• Witness statements from family members, neighbours, or domestic staff
• Any documentation of dowry demands, including lists exchanged during marriage negotiations

Safeguards Against Misuse: What the Law Also Provides

Recognising past concerns about misuse of this provision, courts have introduced important safeguards:

• The Supreme Court's guidelines (originally in Arnesh Kumar v. State of Bihar, continuing in spirit under the new code) require police to apply specific checklists before making an arrest in cases punishable with imprisonment of up to seven years, discouraging automatic or mechanical arrests
• Family Welfare Committees or similar mechanisms in various states review complaints before coercive action in some jurisdictions
• Courts have consistently held that vague and general allegations against distant relatives, without specific instances, are liable to be quashed

If You've Been Named in a Complaint

Being named — especially as a relative with only tangential involvement — is understandably alarming. Key steps include:

• Do not ignore any notice or summons; engage a lawyer immediately to assess the specific allegations
• Explore anticipatory bail proactively if there is apprehension of arrest
• Where allegations against you personally are vague, general, or clearly an attempt to rope in the entire family, this can form a strong basis for a quashing petition before the High Court under Section 528 BNSS
• Consider whether mediation or settlement is a realistic and desirable option, particularly where the marriage itself may be salvageable or where both parties prefer to move on amicably

Bail in Section 85 BNS Cases

While the offence is non-bailable, courts frequently grant bail given the Supreme Court's guidance discouraging routine arrests in matters punishable with up to seven years' imprisonment, especially where the accused cooperates with the investigation and is not a flight risk.

Parallel Remedies to Be Aware Of

Alongside a Section 85 BNS complaint, a woman may simultaneously pursue maintenance under Section 144 BNSS, protection and residence orders under the Domestic Violence Act, and divorce or judicial separation proceedings, depending on her circumstances and goals.

Balanced, Experienced Representation

Advocate Rajat Kadyan represents both complainants seeking protection and individuals defending against domestic violence and cruelty complaints in Gurugram, with a focus on practical, family-sensitive resolutions wherever possible. Contact us for a confidential consultation regarding your situation.