This paper critically examines Section 85 of the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the earlier Section 498A of the Indian Penal Code—a provision originally enacted in 1983 to curb dowry-related abuse and violence against married women.

While it once marked a major step forward in women's legal protection, changing societal dynamics—such as the rise of live-in relationships and evolving understandings of gender and sexuality—demand a fresh look at its scope and relevance. Using case law, legislative texts, Law Commission insights, and academic sources, the study explores the practical and conceptual shortcomings of Section 85, especially in addressing abuse within non-traditional or LGBTQ+ partnerships.

Though the section remains vital in combating domestic cruelty, the research stresses the pressing need for thoughtful reform. It calls for legal updates, broader judicial interpretations, and stronger support systems to ensure the law protects everyone—regardless of gender, identity, or relationship form—in today's complex social fabric.
 
Introduction
India's legal protection against domestic cruelty has evolved, with Section 85 of the Bharatiya Nyaya Sanhita (2023) replacing the earlier Section 498A IPC. Originally enacted in 1983 to tackle dowry-related abuse, Section 498A was a major step toward safeguarding married women. However, with changing societal norms—like live-in relationships and recognition of LGBTQ+ rights—there's a growing need to reassess how the law applies today.

This research explores whether Section 85 effectively addresses domestic violence in both traditional and non-traditional relationships. It examines the impact of shifting social values, legal challenges in enforcement, and potential misuse. The study aims to assess the law's relevance, inclusivity, and ability to protect individuals regardless of gender, orientation, or relationship type. Key objectives include evaluating Section 85's effectiveness, understanding its adaptation to modern norms, and recommending reforms to ensure it offers broad, fair protection. The core idea is that legal updates are essential for the law to serve a more diverse and evolving society.

Based on these objectives, the research questions guiding this study were:

• In what ways does Section 85 respond to incidents of domestic violence within modern and non-traditional family arrangements?
• How have evolving societal values and norms influenced the interpretation and application of Section 85?
• What are the principal obstacles in the implementation of Section 85, and what legal or policy reforms are necessary to enhance its effectiveness in the current socio-legal framework?

This study assumes that Section 85's effectiveness in dealing with domestic violence is shaped by shifting social norms—such as growing acceptance of live-in relationships and LGBTQ+ rights—and that legal changes are needed to ensure it protects everyone equally, regardless of gender or relationship type. It adds to the wider conversation on legal rights, gender-based abuse, and the need for a more inclusive legal system in India.

Literature Review
This study draws upon a range of respected academic texts and legal commentaries. M.P. Jain's Indian Constitutional Law offers foundational insights into the constitutional principles underpinning legal provisions, including the roles and structure of state institutions. P.S. Varma's Supreme Court on Criminal Law provides an in-depth analysis of the apex court's rulings in criminal cases, particularly focusing on legislative changes and judicial views on antisocial conduct—an important lens for interpreting Sections 498A and 85.

Paras Diwan's Family Law gives a thorough overview of personal laws across religious communities, dealing with marriage, divorce (especially cruelty as a ground), child custody, guardianship, and maintenance. Dr. S.C. Tripathi and Vibha Arora, in Law Relating to Women & Children, explore landmark legislations such as the Sexual Harassment of Women at Workplace Act, 2013, and the POCSO Act, 2012. Their work, alongside key Supreme Court rulings, helps contextualize contemporary legal protections for women.

Dr. H.O. Agarwal's Human Rights adds an international perspective, tracing the evolution of human rights and examining how states implement these rights through both international treaties and domestic law—especially relevant to understanding cruelty as a human rights issue.

Further, several critical articles engage directly with the debates surrounding Section 498A. In Fallacies of a Supreme Court Judgment: Section 498A and the Dynamics of Acquittals, Prashant K. Trivedi and Smriti Singh argue that high acquittal rates may reflect systemic issues in implementation rather than misuse of the law itself. They emphasize the need to consider the lived experiences of survivors and the gendered biases within legal institutions.

Flavia Agnes, in her article Section 498A, Marital Rape and Adverse Propaganda, asserts that the provision's effectiveness has been undermined by widespread negative narratives. She advocates for better integration of criminal and civil remedies under the Domestic Violence Act, suggesting this would be more beneficial than criminalizing marital rape in isolation.
Lastly, Karan Godara's Misuse of Section 498A IPC – Judicial Trend discusses concerns over misuse, referencing NCRB data from 2012 that shows a stark contrast between the high charge-sheeting rate (93.6%) and the low conviction rate (15%). His work examines how courts are responding to such trends and explores potential safeguards against abuse of the law.


Methodology
This study adopted a doctrinal and analytical research method. It was primarily based on documentary sources, including both published and unpublished materials, as well as newly accessed information. Data collection drew from a wide range of resources, such as libraries, public records, credible individuals, and online platforms.

Key references included legal publications like the All India Reporter, Supreme Court Journal, judgments from the Supreme Court and various High Courts, AIR manuals, and archival material from relevant organisations. Reports from the Law Commission—especially Report No. 243 (2012) addressing Section 498A—were examined in depth. Additionally, Parliamentary proceedings from both the Lok Sabha and Rajya Sabha, along with debates from the Constituent Assembly, were studied to grasp the foundational legal intent and constitutional values behind these provisions.

International legal frameworks and human rights treaties, including CEDAW, UDHR, ICCPR, and ICESCR, were also incorporated to bring a global perspective on protections against cruelty.

The analytical component of the research focused on interpreting the aims of the legislation, analysing judicial responses, and evaluating its social impact—ultimately offering informed suggestions for legal reform.

Legislative:

Section 85 of the Bharatiya Nyaya Sanhita, 2023 replaces IPC Section 498A (1983), which criminalized "cruelty" by a husband or his relatives toward a married woman—acts likely to cause suicide, serious harm, or harassment for dowry.

• Critiques and Controversies:
  While intended to protect women, Section 498A has often been labeled "prone to misuse." Courts and studies (e.g., NCRB data 2012) highlight high charge‐sheet rates but low convictions, prompting concerns over false or exaggerated complaints and prolonged legal battles.
   
• Judicial Safeguards:
  The Supreme Court in Arnesh Kumar and Rajesh Sharma mandated police checklists, written reasons for arrests, judicial oversight, and family welfare committees to vet complaints before detaining accused persons.
   
• Interpretation Principles:
  Applying the "Mischief Rule" shows that lawmakers sought to fill a gap—no prior law specifically addressed dowry‐linked violence—while still requiring "strict construction" to prevent penal overreach.
   
• Extension to Live‐in Relationships:
  Although Section 85/498A targets married women, courts have sometimes allowed protection under the PWDVA or CrPC 125 for women in "marriage‐like" cohabitation. However, judgments vary, and many survivors of live‐in abuse still lack a clear right to invoke Section 498A itself.
   
• Transgender and LGBTQ Inclusion:
  Despite landmark rulings (NALSA 2014; Navtej Singh Johar 2018) and the Transgender Persons Act 2019, Section 85's language ("husband"/"wife") remains heteronormative. Transgender and same‐sex couples facing familial violence often fall outside its literal scope, revealing a need for explicit legal reform.
   
• Intersectional Concerns:
  Transgender people—or anyone facing violence at the intersection of gender identity, caste, religion, or poverty—experience compounded vulnerabilities. A statute crafted for a stereotypical married woman can overlook these overlapping oppressions, underscoring the importance of an inclusive, nuanced framework.

Discussion
This study underscores that, although Section 85 of the BNS 2023 (and its earlier incarnation, Section 498A IPC) has been vital in shielding married women from in-law or spousal cruelty, its real-world impact is strained by India's shifting social and legal realities. By centering exclusively on formal marriages and a binary notion of gender, the statute struggles to extend meaningful protection to people in non-traditional partnerships or those whose gender identities fall outside the male-female dichotomy.

Repeated claims of Section 498A's misuse further complicate matters. On one hand, the law was designed to give victims quick recourse against domestic abuse; on the other, critics argue that it can be weaponized, turning genuine complaints into tools for vendetta. Though courts have issued guidelines—such as requiring detailed investigations before arrest—many believe a deeper rethinking of the provision is overdue rather than merely tweaking procedures.

Importantly, our research brings to light the particular risks faced by transgender and non-binary family members, demonstrating how language that assumes a "husband–wife" dynamic fails to capture their lived experiences. Likewise, it stresses that gender-based violence does not occur in isolation: factors like caste, religion, or economic status can compound vulnerability. For legal protections to be truly effective in modern India, they must be flexible enough to cover a range of relationship models and sensitive to multiple overlapping forms of marginalization.

Conclusion And Summary
Although Section 85 of the BNS 2023 was conceived to safeguard married women from cruelty, it is now outpaced by India's evolving social and legal landscape. As family arrangements diversify—through cohabitation, same-sex partnerships, and greater visibility for transgender and non-binary communities—a thorough revision of this provision is imperative.

Its current reliance on heteronormative terminology and emphasis on traditional marriage leaves many without clear legal protection. Moreover, persisting concerns about the law's misuse must be weighed against its original purpose of offering genuine protection.

To strengthen and broaden the reach of Section 85, the following steps are proposed:

• Revise the Statute's Language
  Update Section 85 to remove exclusively heterosexual assumptions and to include definitions that embrace all genders, sexual orientations, and relationship forms. Explicitly extend legal safeguards to individuals in live-in partnerships, same-sex unions, and other non-traditional family constellations.
   
• Incorporate Intersectional Protections
  Acknowledge how multiple identities—such as gender identity, caste, religion, or economic status—can combine to heighten vulnerability. Embed provisions that recognize and address these overlapping forms of discrimination.
   
• Enhance Training and Awareness
  Require specialized, ongoing education for police, judges, and lawyers so they understand diverse relationship dynamics and the specific challenges faced by people experiencing gender-based abuse today.
   
• Expand Victim Support Services
  Bolster and diversify support systems—legal aid, counseling, emergency shelters, and helplines—ensuring they are genuinely accessible and responsive to people of all gender identities and relationship situations.
   
• Improve Data Collection
  Commit to gathering detailed, disaggregated statistics on domestic violence across different types of partnerships and gender identities. This evidence will drive informed policy decisions and targeted reforms.
   
• Promote Community Education
  Launch public outreach initiatives to break down stereotypes, combat homophobia and transphobia, and raise awareness about legal rights. Foster an environment of acceptance for varied family structures and identities.

Adopting these reforms will create a more adaptable, inclusive legal framework and social climate—one in which everyone, regardless of how they identify or whom they live with, can seek protection from domestic cruelty while upholding justice, equality, and human dignity.