Section 85 BNS vs. Domestic Violence Act: What’s the Difference, and Which One Applies to You?

Many people both men and women—wonder:

• Are Section 85 of BNS and the Domestic Violence Act the same?
• If someone is facing dowry harassment, should they file under 85 or DV Act?
• Can both laws be used together?
• What are the penalties, remedies, and legal scope of each?

In this step-by-step guide, we shall contrast both the laws, point out the differences, use practical examples, discuss key Supreme Court decisions, and guide you through when and how to file under each.

What is Section 85 of the BNS?

Section 85 of BNS does relate to cruelty against women, but it’s Section 85 of the Indian Penal Code that addresses the aforementioned issues.

What is 85 of Section 82 of the BNS ?

Part 85 was incorporated in the Indian Penal Code in the year ‘83 to set boundaries to the violent negligence shown to married women as abuse especially connected to dowry.

Key Points of Section 85 BNS:

• Who can file? Only a married woman.
• Against whom? Husband and his relatives (by blood, marriage, or adoption).
• What qualifies as ‘cruelty’?
  • Physical or mental harm
  • Threats to life or health
  • Harassment for dowry or property
• Time Limit: Complaint must be filed within 3 years of the alleged incident.
• Nature: Cognizable and non-bailable offence.

Landmark Judgment: Arnesh Kumar v. State of Bihar (2014)

In this case, the Supreme Court of India raised concerns over the misuse of Section 85. It stated that automatic arrests under 85 had led to harassment of innocent individuals, including senior citizens and distant relatives.

Key Guidelines from the Court:

• Arrest must not be automatic.
• Police must conduct proper investigation and only arrest after finding valid evidence.
• Magistrates must not authorize detention casually.
• The accused may be granted anticipatory bail to avoid unnecessary arrest.

This judgment protects innocent persons from false accusations while still allowing genuine victims to get justice.

Can the Entire Family Be Arrested Under Section 85?

In several 85 cases, it was a common trend to name the entire family of the husband—parents, siblings, uncles, and even distant relatives—often without specific allegations. This led to widespread misuse of the provision and harassment of innocent people, especially elderly parents or minor siblings.

Supreme Court’s Landmark Decision: Arnesh Kumar v. State of Bihar (2014)

The Supreme Court of India, deeply concerned by the abuse of 85, laid down binding safeguards to prevent arbitrary arrest.

What the Court Directed:

• No automatic arrests under 85. Police must conduct a preliminary inquiry.
• Arrest must be approved by the Superintendent of Police (SP).
• Magistrates should authorize detention only after applying judicial mind and recording reasons.
• Elderly parents, young sisters, or distant relatives must not be harassed without direct involvement.
• Anticipatory bail should be encouraged for falsely accused family members.

Real Impact:

• Police can no longer blindly arrest the whole family just because they’re named in the FIR.
• Courts now demand evidence-based action, not blind adherence to complaint language.
• Genuine victims still retain full rights under the law, but the balance is restored.

Important: If you are being charged with false 85 charges, you can approach the court under Section 482 CrPC to quash the case, or seek anticipatory bail.

What is the Domestic Violence Act, 2005?

Protection of Women from Domestic Violence Act, 2005 (DV Act) is a civil law which has been enacted to provide expeditious relief and protection to women who have experienced abuse in domestic relationships.

Scope of the DV Act:

• Enforced from 26 October 2006.
• Covers not just wives, but any woman in a domestic relationship (mother, sister, daughter, live-in partner, etc.).
• Aims to offer immediate civil relief, not necessarily punishment.

Forms of Domestic Violence Recognized by Law:

1. Physical Abuse
   
   • Hitting, assault, pushing, causing injury
     
2. Sexual Abuse
   
   • Forced sexual acts, harassment, or humiliation
     
3. Emotional/Verbal Abuse
   
   • Insults, threats, humiliation, constant criticism
     
4. Economic Abuse
   
   • Denying money for food, medicine, or essentials
     
   • Preventing access to household resources
     
   • Forcing the woman out of the house

Important Judgment: Ajay Kumar v. Lata (2019)

In this case, the Supreme Court ruled that a brother-in-law can be held responsible for maintenance under the DV Act if the woman is dependent on him and they live in a joint family.

Key Takeaway:

• The term ‘respondent’ under the Act is broad.
• It includes any adult—male or female—in a domestic relationship with the woman.
• This widens the scope of protection significantly beyond just the husband.

Detailed Comparison: 85 BNS vs Domestic Violence Act

Feature	Section 85 BNS	Domestic Violence Act, 2005
Nature of Law	Criminal	Civil + Criminal (Quasi-criminal)
Who Can File?	Only a married woman	Any woman in a domestic relationship
Against Whom?	Husband and his relatives	Husband, in-laws, live-in partners, others in household
Type of Relief	Punishment (jail/fine)	Civil relief (protection orders, residence, maintenance)
Law Introduced In	1983	2005
Objective	Prevent dowry-related cruelty and harassment	Offer broad protection against all forms of domestic abuse
Misuse Possibility	High, as per court observations	Relatively lower, but still possible
Time Limit for Filing	Within 3 years	No such specific limitation

Can Both Laws Be Used Together?

Yes. If the woman is facing

• Dowry harassment and
• Physical/emotional/economic abuse

She can file 85 for criminal action and DV Act case for civil relief at the same time.

Example:

A woman is beaten by her husband for not bringing dowry. She can:

• File 85 BNS for criminal cruelty
• File a DV Act case for protection order, residence rights, and maintenance

What If a Man Is Falsely Accused?

There have been many cases where innocent husbands and their families are falsely accused under 85 or DV Act.

Legal Remedies for Men:

• Section 528 BNSS: To quash false FIRs in High Court
• Anticipatory Bail: To prevent arrest
• Counter-Complaint: Against false accusations
• Defamation Case: If reputation is damaged
• Case Law: Rajesh Sharma v. State of U.P. (2017): The  Supreme Court recommended the use of Family Welfare Committees to examine 85 cases before arrest.

Real-Life Scenarios & Legal Remedies

Situation	Applicable Law
Harassment for dowry after marriage	85 BNS
Violence by live-in partner	Domestic Violence Act
Verbal abuse or humiliation by in-laws	Domestic Violence Act
Demand for cash or car by husband	85 BNS + DV Act
Denial of food or money by family	Domestic Violence Act
Threats or pressure to leave the house	Domestic Violence Act

Amendments and Legal Trends

• 85: Courts now require investigation before arrest to reduce misuse
• DV Act: Has expanded to cover live-in partners and provides immediate relief
• Gender Neutrality Debate: There is rising demand to include male victims too under DV protection

How Can Lead India Help?

Whether you are

• A woman facing genuine harassment
• A man falsely accused of 85 or DV Act
• A family member dragged into a false case

Lead India’s team of expert lawyers can assist you with:

• Filing and defending 85 or DV Act cases
• Drafting legal notices, replies, bail, or quash petitions
• Collecting evidence and case documentation
• Counseling and mediation if needed
• Appearing in Family Court or Criminal Court

Call us now for a confidential consultation with a specialist.

Visit: www.leadindia.law

Pan-India legal support available

Conclusion

Which Law is Right for You?

Both Section 85 and the Domestic Violence Act are essential legal tools, but their scope and purpose differ.

• Choose 85 when there is serious cruelty or dowry harassment
• Choose DV Act for protection orders, maintenance, residence rights, or in live-in/domestic disputes
• Use both together when needed they complement each other

Before taking any step, always seek legal advice to avoid complications and ensure the best remedy under law.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

1. What is the main difference between 85 BNS and the Domestic Violence Act?

Section 85 BNS is a criminal law provision that punishes cruelty to a married woman, especially for dowry-related harassment. The Domestic Violence Act is a civil law offering protection, maintenance, and residence rights to any woman in a domestic relationship, not just married women

2. Can a woman file both 85 and a Domestic Violence case together?

Yes, a woman can file both cases if she is facing cruelty for dowry and other forms of domestic abuse. 85 deals with criminal punishment, while the DV Act provides civil remedies like protection orders and maintenance

3. Can the husband’s entire family be arrested under 85?

No, as per the Supreme Court judgment in Arnesh Kumar v. State of Bihar (2014), police must conduct a proper investigation and get SP approval before arresting the husband’s family. Automatic arrests are prohibited.