Husband’s Girlfriend Cannot Be Accused of Cruelty to Wife Under BNS: Karnataka HC

Bengaluru: The Karnataka High Court has held that a husband's girlfriend cannot be prosecuted for the offence of cruelty against his wife under Section 85 of the Bharatiya Nyaya Sanhita (BNS) because she cannot be considered a relative of the husband under the provision. The court consequently quashed criminal proceedings against the woman.

Justice M Nagaprasanna passed the order while dealing with a petition filed by the woman, who had been accused in a criminal case arising from allegations made by the wife of a married man. The proceedings also included allegations of intimidation and other offences.

What does Section 85 of the BNS say?

Section 85 of the Bharatiya Nyaya Sanhita, 2023 provides punishment for a husband or relative of a husband who subjects a woman to cruelty. The offence carries imprisonment of up to three years and a fine.

The provision therefore specifically identifies the husband and his relatives as the persons who can be prosecuted under this section for the defined offence of cruelty.

The Karnataka High Court noted that the woman accused in the case was the paramour or girlfriend of the husband and could not legally be treated as his relative for the purpose of Section 85.

Supreme Court precedent cited by Karnataka HC

The High Court relied on the Supreme Court's decision in Dechamma IM @ Dechamma Koushik v State of Karnataka.

In that case, the Supreme Court had held that a girlfriend of a married man cannot be construed as his “relative” for the purposes of the corresponding cruelty provision under the earlier Section 498A of the Indian Penal Code (IPC).

The Karnataka High Court applied that legal principle while examining the allegations in the case before it.

What was alleged in the case?

According to the reports of the proceedings, the complaint accused the woman of interfering in the married relationship and intimidating the wife. The case included allegations under provisions dealing with cruelty, assault or use of criminal force, criminal intimidation and intentional insult under the BNS.

The complaint also invoked provisions of the Dowry Prohibition Act, 1961.

However, the High Court found that the material in the case did not establish the legal basis required to prosecute the petitioner under Section 85 merely on the ground that she was the husband's girlfriend.

What the court said about cruelty allegations

The court referred to the statutory requirement that the person accused under Section 85 must be the husband or a relative of the husband.

The High Court said that a girlfriend or another woman with whom the husband has a relationship “could not be construed as a relative” within the meaning of the provision.

The ruling therefore concerns the scope of Section 85 BNS and the category of persons who can be prosecuted under that specific provision. It does not establish that conduct by a third person can never attract any other criminal provision.

Why the ruling matters

The decision highlights the difference between conduct that may contribute to marital conflict and the specific legal ingredients required for an offence under a particular criminal provision.

Section 85 BNS is specifically framed around cruelty by a husband or his relative. The Karnataka High Court's ruling makes clear that the statutory term “relative” cannot automatically be extended to a husband's girlfriend simply because of her relationship with him.

The ruling also follows the Supreme Court's earlier interpretation of the corresponding provision under the IPC, providing the legal basis for the High Court's decision to quash the proceedings against the woman.