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85 BNS Dowry Lawyer in Ahmedabad

Advocate Alpa Jogi is considered to be one of the best 85 BNS Advocate in Ahmedabad.

85 BNS DOWRY MATTERS

Section 85 of Bharatiya Nyaya Sanhita (BNS) pertains to the cruelty committed towards the married womwn. This section aims at preventing torture to a married woman by her husband or her relatives and to punish them for harassing her with the purpose of coercing dowry. Before 01 July 2024, harassment of a wife by her husband or her in-laws was covered by the Section 498a of the IPC dealing with assault, hurt, grievous hurt or homicide.


BNS 85 States that


Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation for the purpose of this section, 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.


Essentials of Section 85 of BNS


There are some essentials that are required to be fulfilled to attract this Section. These are stated below:

1. Married woman: The woman must be married. This section has been inserted in order to protect women from unruly and cruel behaviour (in most cases, in her marital home) from her husband and/or her in-laws

2. Cruelty or harassment: That woman must be subjected to cruelty or harassment. Cruelty can have a very wide meaning. Even demand for dowry can be a part of cruelty.

3. Husband or relatives of husband: Such cruelty of harassment should have been shown either by the husband or the relatives of the husband, or both.


Examples of Cruelty covered under Section 85 of BNS:


Cruelty by persistent demand for dowry

Cruelty by false and vexatious litigation

Cruelty by depriving and wasteful habits

Cruelty by extra-marital relations

Harassment and cruelty for non-dowry demands

Cruelty by non-acceptance of girl child

Cruelty by forcing wife to take sex-determination tests

Cruelty by false attacks on chastity

Cruelty by taking away children

Cruelty by hitting or beating or physically hurting the wife (under or not under the influence of alcohol)


Punishment under Section 85 of the BNS


A crime under Section 85 of BNS is a serious one and can entail serious punishments of imprisonment and fine. According to Section 498A, if the husband of a married woman or any relative(s) is/are accused of subjecting that woman to cruelty or any mental or psychological act that amounts to harassment, shall be sentenced to imprisonment or jail time that may extend to three years and also liable to fine.


Alpa Jogi is a prominent and very experienced 85 BNS Dowry Advocate in Ahmedabad and is considered to be one of the best 85 BNS Dowry Lawyer in Ahmedabad . You can consult Advocate Alpa Jogi for your matters related to 85 BNS Dowry Case and expect best and honest services from our side.


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