Punishment for False 85 BNS Cases in India: Legal Remedies for the Innocent

The Growing Concern Over False 85 BNS Cases

Section 85 BNS of the was introduced to protect married women from cruelty by their husband or his family. It was a progressive move to curb dowry harassment and protect the rights and dignity of women. However, in recent times, misuse of this provision has become a cause for serious concern. Several cases have emerged where false 85 BNS complaints were filed to harass or extort husbands and their families.

This blog discusses what happens if a false 85 BNS case is filed, the legal remedies available to the falsely accused, and the punishment that can be imposed on those who misuse the law.

Understanding IPC Section 85 BNS

Section 85 BNS states: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”

Key ingredients:

• The woman must be legally married.
• Cruelty includes physical or mental harm or coercion related to dowry demands.
• The offense is cognizable, non-compoundable, and non-bailable.

Misuse of Section 85 BNS: Acknowledged by Courts

Although 85 BNS was enacted with noble intentions, over the years, several courts have taken note of its misuse.

Landmark Judgment: Sushil Kumar Sharma v. Union of India (2005)

The Supreme Court remarked that “the provision has become a tool for legal terrorism.” The Court observed that innocent family members, including aged parents and even young siblings, were being dragged into criminal proceedings without evidence.

Rajesh Sharma v. State of U.P. (2017)

The Court recommended setting up Family Welfare Committees in every district to examine such complaints before any arrests are made, to prevent arbitrary misuse of the law.

Is There a Punishment for Filing a False 85 BNS Case?

There is no specific provision under BNS 85 that punishes a woman for filing a false case. However, Indian Penal Code has several other sections under which action can be taken:

Section 248 BNS – False Charge of Offense

If a person falsely charges another with committing a crime with intent to injure, and the charge leads to legal proceedings, the person can be punished.

• Punishment: Imprisonment up to 7 years, 10 years and fine.

Section 217 BNS – False Information to a Public Servant

If false information is given to a police officer or magistrate to initiate legal proceedings, this section applies.

• Punishment: Up to 1 Year  months imprisonment or fine of Rs. 10,000 or both.

Section 356 BNS – Defamation

If false accusations damage the reputation of the husband or his family, a defamation case may be filed.

• Punishment: Imprisonment up to 2  years or fine or both.

Section 61 BNS – Criminal Conspiracy

If the woman is found to have conspired with others to falsely implicate the husband, this section may be invoked.

Section 351 BNS – Criminal Intimidation

If threats were made to file a false case unless demands were met, this section is relevant.

How to Defend Yourself Against a False 85 BNS Case

Collect and Preserve Evidence

Start gathering all communication, such as:

• Text messages
• WhatsApp chats
• Emails
• Call recordings
• CCTV footage
• Witness statements

Any proof that shows your wife left the house willingly, or was not harassed, will be helpful.

File for Anticipatory Bail

To avoid immediate arrest, file an anticipatory bail application under Section 482 BNSS in the Sessions Court or High Court.

Courts are increasingly granting anticipatory bail in 85 BNS matters if there is a prima facie case of false implication.

Quashing of FIR under Section 528 BNSS

You can approach the High Court under Section 528 BNSS for quashing the FIR, especially if:

• The allegations are vague or absurd.
• There is no evidence to support cruelty or dowry demand.

File a Counter Case

Depending on the facts, the husband may file:

• Defamation Case (BNS 356) for harm to reputation.
• False Case Complaint (BNS 248) if the allegations are proven false.
• Criminal Intimidation (BNS 351) if threats were made.
• Civil Suit for Damages if the husband suffered job loss, emotional trauma, or public shaming.

Restitution of Conjugal Rights

Under Section 9 of the Hindu Marriage Act, 1955, if the wife left the matrimonial home without reasonable cause, the husband can file for restitution of conjugal rights. While not a remedy for criminal accusations, it shows an effort to reconcile and may influence the outcome of the criminal case.

Procedure for Legal Protection

Step-by-Step Guide

Step	Action
1	Hire a criminal lawyer experienced in 85 BNS defense
2	Apply for anticipatory bail under Section 438 CrPC
3	Start gathering evidence and witnesses who can support your version
4	Apply for FIR quashing in High Court (if evidence is strong)
5	File counter-cases under appropriate IPC sections
6	Request mediation or counseling (if a genuine misunderstanding exists)
7	Appear in court regularly and follow legal instructions strictly

Role of Family Members and False Involvement

85 BNS complaints often name the husband’s parents, siblings, and distant relatives, sometimes without any involvement. Courts have taken a firm view on such misuse.

Arnesh Kumar v. State of Bihar (2014)

The Supreme Court ruled that arrest should not be automatic in 85 BNS cases. Police officers must conduct a preliminary inquiry and only arrest if necessary.

This judgment led to guidelines where arrest is allowed only when:

• There is credible evidence.
• The accused is likely to tamper with evidence or influence witnesses.

Preventive Measures for Future Marriages

• Consider prenuptial agreements (while not legally binding in India, they can be useful in evidence).
• Always keep documentary proof of gifts exchanged during marriage.
• Avoid joint property or large cash transactions without written documentation.
• Maintain separate financial accounts and clear financial communication.

What the Law Needs: The Way Forward

There is an increasing call for:

• Making 85 BNS bailable and compoundable, at least for first-time accusations.
• Penal provisions to punish misuse.
• Mandatory inquiry before FIR registration.
• Court-directed preliminary investigation before arrest.

Many experts believe that a balanced gender-neutral law is needed to protect victims and prevent legal misuse.

Why Legal Representation Matters

Facing a criminal complaint like 85 BNS, even if false, is a serious legal matter. The emotional and financial toll can be immense, especially if court proceedings drag on for years.

A knowledgeable and experienced criminal lawyer can:

• Prepare anticipatory bail applications,
• Challenge false FIRs,
• Represent you in mediation,
• File counter-cases,
• Protect you from wrongful arrest.

At Lead India, our panel of criminal and family lawyers has successfully defended clients in false 85 BNS cases. If you’re facing a similar issue, speak to our experts today for a confidential consultation.

Conclusion

While Section 85 BNS serves as a shield for women against dowry harassment and cruelty, its misuse cannot be ignored. Innocent husbands and their families suffer emotionally, socially, and financially due to false cases. However, the Indian legal system offers remedies to fight such wrongful accusations. With proper legal representation, evidence collection, and awareness of your rights, you can protect yourself and hold the accuser accountable.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs 

1. Can a husband file a case if his wife falsely accuses him?

Yes, he can file for defamation, criminal conspiracy, and false charge.

2. How do I prove 85 BNS is false?

Through call records, chats, CCTV footage, and witness testimonies.

3. Can FIR under Section 85 BNS be quashed?

Yes, by filing a petition under Section 528 BNSS in the High Court.

4. What should I do immediately after receiving a 85 BNS notice?

Hire a lawyer, apply for anticipatory bail, and start collecting evidence.