Context
The Supreme Court has ruled that the offence of cruelty under Section 85 of the Bharatiya Nyaya Sanhita (BNS) (earlier Section 498A of IPC) can apply to women in live-in relationships resembling marriage, provided there is a demonstrable intent to marry and the relationship has the characteristics of a marital union.
Explanation
- Section 498A of the Indian Penal Code (IPC), now Section 85 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminalises cruelty by husband or his relatives towards a woman.
- The Supreme Court adopted a purposive interpretation, expanding protection to marriage-like live-in relationships to prevent misuse of legal technicalities.
- The Court distinguished casual cohabitation from a relationship in the nature of marriage, requiring factors such as shared household, long-term cohabitation, financial pooling, social recognition, and intention to marry.
- The Protection of Women from Domestic Violence Act, 2005 already recognises relationships in the nature of marriage, but it mainly provides civil remedies such as protection, residence and maintenance.
- The judgment strengthens Article 14 (Right to Equality) and enhances legal protection against domestic violence.
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040
Section 85 BNS: Expanding Protection in Live-in Relationships