Live-in Relationships & Domestic Cruelty Under BNS Sections 85–86

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. 

UPSC Coaching Classes

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.

• • 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).

UPSC Online Preparation

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.

Click to Know UPSC OnlyIAS Coaching Centres

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.

Check Out UPSC CSE Books

Visit PW Store