Domestic Violence Sections in IPC and BNS: Old and New Numbers
Quick answer: Domestic violence is not a separate offence in the IPC. Cruelty by a husband or his relatives was punished under Section 498A IPC, now Sections 85 and 86 of the Bharatiya Nyaya Sanhita (BNS). Related offences include dowry death (IPC 304B, now BNS 80), abetment of suicide (IPC 306, now BNS 108), hurt, criminal intimidation and criminal breach of trust over stridhan.
Old IPC sections and new BNS sections
The Indian Penal Code, 1860 was replaced by the Bharatiya Nyaya Sanhita, 2023 for offences committed on or after 1 July 2024. For older incidents, the IPC sections still apply. Here are the sections most often used in domestic violence cases.
| Conduct | Old IPC | New BNS |
|---|---|---|
| Cruelty by husband or relatives | 498A | 85 (offence) and 86 (meaning of cruelty) |
| Dowry death | 304B | 80 |
| Abetment of suicide | 306 | 108 |
| Voluntarily causing hurt | 323 | 115(2) |
| Outraging modesty | 354 | 74 |
| Insulting modesty of a woman | 509 | 79 |
| Criminal intimidation | 506 | 351 |
| Criminal breach of trust (e.g. stridhan) | 406 | 316 |
| Causing miscarriage without consent | 313 | 89 |
How cruelty is defined
Section 86 BNS (same as the explanation to old Section 498A) defines "cruelty" as:
- wilful conduct likely to drive a woman to suicide or cause grave injury or danger to her life, limb or health, physical or mental; or
- harassment of the woman to coerce her or her relatives to meet an unlawful demand for property or valuable security, or because she or her relatives failed to meet such a demand.
The punishment under Section 85 is imprisonment up to three years and a fine. Read more in 498A punishment and evidence required to prove 498A.
Other laws that apply
- Protection of Women from Domestic Violence Act, 2005: civil protection, residence and monetary relief. See our full guide.
- Dowry Prohibition Act, 1961: taking, giving and demanding dowry are offences (Sections 3 and 4).
- Hindu Marriage Act, 1955: cruelty is a ground for divorce under Section 13(1)(ia).
- Evidence law: the Bharatiya Sakshya Adhiniyam, 2023 contains a presumption about abetment of suicide by a married woman within seven years of marriage in certain circumstances.
Which section should you invoke?
The facts decide. A woman beaten and thrown out might invoke BNS 85 and 115, a DV Act application for protection and residence, and a maintenance claim. A husband falsely accused may seek anticipatory bail and quashing. Talk to a lawyer before filing, because criminal and civil remedies interact. See 498A case in Delhi and our domestic violence lawyers.
Frequently asked questions
What is the IPC section for domestic violence?
Cruelty by a husband or relatives was covered by Section 498A IPC. From 1 July 2024 it is Sections 85 and 86 BNS.
Is domestic violence covered by BNS?
Yes, through cruelty provisions and other offences such as hurt, intimidation and dowry death. The DV Act, 2005 remains in force alongside it.
Does BNS 85 have the same punishment as 498A?
Yes. Imprisonment up to three years and a fine.
Is 498A still used after BNS?
For offences before 1 July 2024, yes. For later offences, BNS 85 and 86 apply.
Can I file both a DV Act case and a criminal case?
Yes, they serve different purposes and can run together.
Related guides
- 498A IPC punishment
- Section 498A amendments
- Punishment for domestic violence
- Defending against dowry harassment: 498A to BNS 85
Where we can help
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.