Cruelty, in the context of criminal law, refers to wilful conduct by a person which is of such a nature as to cause grave physical or mental injury, or to endanger the life, limb, or health (whether mental or physical) of another person.
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Cruelty, in the context of criminal law, refers to wilful conduct by a person which is of such a nature as to cause grave physical or mental injury, or to endanger the life, limb, or health (whether mental or physical) of another person. It also includes harassment or coercive conduct aimed at compelling a person or their relatives to meet unlawful demands, particularly in relation to property or valuable security.
In India, the substantive offence of cruelty is primarily defined under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (corresponding to the erstwhile Section 498A of the IPC), which specifically deals with cruelty by a husband or his relatives towards a married woman. The provision encompasses both:
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), being procedural in nature, lays down the framework for registration of complaints, investigation, arrest, bail, and trial in cases relating to cruelty. Proceedings are generally initiated by the lodging of a First Information Report (FIR), followed by police investigation and prosecution before a competent court of law.
Acts constituting cruelty may include, but are not limited to:
Cruelty is treated as a serious matrimonial offence, as it directly affects the dignity, bodily integrity, and mental well-being of the victim. The law seeks to provide effective protection to victims while ensuring fair and just procedural safeguards during investigation and trial.
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