Subject: GS 2: Polity & Governance
Context: Recently, the Supreme Court has held that domestic cruelty provisions under Sections 85–86 of the Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 498A IPC) also apply to qualifying live-in relationships that are in the nature of marriage.
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Background
- Earlier Legal Position: Section 498A, IPC criminalised cruelty by a husband or his relatives against a married woman. Since the provision explicitly referred to a “husband”, it was generally confined to legally valid marriages.
- Judicial Expansion: The Supreme Court had earlier extended protection to women who were fraudulently induced into void or voidable marriages, holding that a man cannot escape criminal liability merely because the marriage was legally invalid.
- Present Case: The accused argued that since he was already legally married, his relationship with the complainant was void and Section 498A could not apply.
- While the Karnataka High Court rejected this plea, the Supreme Court decided the broader issue of whether women in qualifying live-in relationships could invoke the offence of domestic cruelty.
Key Highlights of the Judgment
- Protection Extended: Women in live-in relationships are entitled to protection under Sections 85 and 86 of the BNS if the relationship is in the nature of marriage and reflects a mutual intent to marry.
Why was the Domestic Violence Act Not Considered Sufficient?
- Government’s Argument: Women in live-in relationships are already protected under the Protection of Women from Domestic Violence Act, 2005.
- Supreme Court’s Response: The Supreme Court held that the Act provides only civil protection against abuse and cannot be treated as substitutes.
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- Section 85: Punishes a husband or his relatives for subjecting a woman to cruelty.
- Section 86: Presumes abetment of suicide by a married woman if she dies by suicide after being subjected to cruelty by her husband or his relatives.
- Purposive Interpretation: The Court adopted a purposive interpretation, observing that the objective of the law is to prevent domestic cruelty, and legal protection must evolve with changing social realities.
- Constitutional Basis: The Court held that denying criminal protection solely because a woman is unmarried has no rational nexus with the objective of preventing domestic cruelty and is inconsistent with Article 14 of the Constitution.
- Intent to Marry: Only those live-in relationships that are in the nature of marriage and demonstrate a genuine intent to marry will receive protection under Section 85, BNS.
Why is ‘Intent to Marry’ Crucial?
- Closest to Marriage: The Court held that relationships possessing both the characteristics of marriage and an intent to marry are the closest equivalent to marriage itself.
- Criminal Consequences: Since Section 85, BNS is a penal provision, it should apply only to relationships that closely resemble marriage.
Significance of the Judgment
- Recognises Changing Social Realities: Acknowledges the growing prevalence of live-in relationships and aligns criminal law with evolving family structures.
- Strengthens Protection for Women: Extends criminal law protection to women in genuine live-in relationships, addressing vulnerabilities such as domestic violence, economic exploitation, abandonment, and blackmail.
- Promotes Gender Justice: Prevents perpetrators from evading criminal liability by exploiting technical defects in marital status or the absence of a legally valid marriage.
- Balances Autonomy with Legal Protection: By requiring an intent to marry, the judgment protects genuine relationships while preventing indiscriminate application of criminal law to casual relationships.
Legal Frameworks Addressing Domestic Violence and Cruelty
- Dowry Prohibition Act, 1961: Prohibits the giving, taking, and demanding of dowry, addressing a major cause of domestic violence and cruelty.
- Family Courts Act, 1984: Establishes Family Courts for speedy settlement of matrimonial and family disputes through conciliation and adjudication.
- Indian Penal Code (IPC), 1860 – Section 498A (Inserted in 1983): Criminalised cruelty by the husband or his relatives against a married woman. (Now replaced by Sections 85 & 86 of the Bharatiya Nyaya Sanhita, 2023).
- Protection of Women from Domestic Violence (PWDV) Act, 2005: A civil law providing protection orders, residence rights, maintenance, custody, and compensation. Covers women in marriages as well as relationships in the nature of marriage (live-in relationships).
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Challenges
- Determining Intent to Marry: The judgment does not prescribe objective criteria for proving mutual intent, leaving substantial factual determination to courts.
- Evidentiary Challenges: Establishing a marriage-like relationship and mutual intent may be difficult in many cases.
- Debate on Judicial Overreach: Critics argue that expanding the scope of a penal provision without legislative amendment borders on judicial legislation, while supporters view it as a legitimate exercise of constitutional interpretation.
- Possibility of Misuse: As with other matrimonial offences, careful judicial scrutiny and procedural safeguards remain essential to prevent misuse.
Way Forward
- Legislative Clarity: Amend Section 85, BNS to explicitly define the scope of live-in relationships eligible for protection, reducing ambiguity and ensuring uniform implementation.
- Objective Guidelines: Develop clear judicial or legislative parameters for determining “relationship in the nature of marriage” and “intent to marry” to ensure consistency in criminal proceedings.
- Strengthen Procedural Safeguards: Ensure strict compliance with Section 35, BNSS and the Arnesh Kumar guidelines to prevent arbitrary arrests while protecting genuine victims.
- Harmonise Legal Framework: Align the BNS, Protection of Women from Domestic Violence Act, 2005, Section 144, BNSS (Maintenance), and State laws such as the Uttarakhand UCC Act, 2024, to provide a coherent legal regime for women in non-traditional relationships.
- Capacity Building & Legal Awareness: Train police, prosecutors, and judicial officers to handle such cases sensitively, while strengthening legal awareness and legal aid for women in live-in relationships.
- Balance Protection with Due Process: Future reforms should uphold gender justice, constitutional equality, and due process, ensuring protection for vulnerable women without encouraging misuse of penal provisions.
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Conclusion
The judgment advances India’s criminal jurisprudence by extending protection against domestic cruelty to genuine live-in relationships, balancing gender justice, constitutional equality, individual liberty, and safeguards against misuse of penal law.
4 Aug 2026
