Section 86: Cruelty defined

Overview

Section 86 of the Bhartiya Nyaya Sanhita (BNS) 2023 explains what ‘cruelty’ means when it comes to crimes against women and children. It doesn’t create a new crime itself, but it *defines* what actions will be considered ‘cruelty’ under other sections of the BNS that *do* create offences. This definition helps police investigate and courts decide if a crime has been committed.

Key Ingredients of the Offence

• Mental element (mens rea): While the section itself doesn’t explicitly state a specific mental element, the sections *using* this definition of cruelty will likely require intent or knowledge. For example, causing harm knowingly would be crucial.
• Physical act (actus reus) or omission: Cruelty can involve doing something harmful (like physical violence) or *failing* to do something that should have been done (like neglecting a child’s needs).
• Specific circumstances or conditions required: The definition of cruelty is broad and covers various actions and inactions that cause suffering. It focuses on the *effect* of the action – whether it causes severe pain, suffering, or harm.

Punishment under BNS

Section 86 itself does *not* prescribe any punishment. It merely defines ‘cruelty’. The punishment will be determined by the specific section of the BNS that deals with the actual offence (e.g., Section 85 regarding punishment for cruelty). That section will specify the imprisonment, fine, or both.

Important Explanations / Provisos

The section doesn’t contain any specific explanations or provisos that limit its scope. However, the interpretation of ‘cruelty’ will depend on the context of the specific offence it’s being applied to.

Illustrations and Practical Examples

• Example 1: A husband repeatedly insults his wife in public, causing her severe emotional distress and mental anguish. This could be considered cruelty under Section 86, and if it forms part of a larger offence like ‘domestic violence’ under another section of the BNS, it would be relevant to the prosecution.
• Example 2: A parent consistently denies a child basic necessities like food and medical care, not out of malice, but due to extreme poverty. While this is a difficult situation, the denial of necessities causing suffering *could* still be considered cruelty under Section 86, depending on the specific circumstances and the relevant offence being investigated.

Difference from Old IPC Provision (if applicable)

The definition of cruelty under the Indian Penal Code (IPC) was often interpreted through case law. The BNS aims to provide a more explicit and comprehensive definition, potentially broadening the scope of what constitutes cruelty. The BNS definition is more focused on the impact of the act or omission on the victim.

Nature and Procedure of Offence

• Whether the offence is cognizable or non-cognizable: This is not specified within Section 86 itself. It will depend on the specific offence to which the definition of cruelty is applied.
• Whether the offence is bailable or non-bailable: This is also not specified within Section 86 and depends on the specific offence.
• Which court is generally competent to try the case: The competent court will be determined by the specific offence and its associated provisions within the BNS.

Key Takeaways

Section 86 of the BNS is a defining section, not a standalone offence. It clarifies what actions and inactions will be considered ‘cruelty’ when prosecuting crimes against women and children. Understanding this definition is crucial for interpreting other related sections of the BNS. Remember that the punishment is determined by the specific offence, not Section 86 itself.