Section 85 of Bharatiya Nyaya Sanhita, 2023: The Successor to IPC Section 498A on Domestic Cruelty
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
Keeping Pace with Legal Change
India is experiencing a profound change in the landscape in terms of law with the creation of the Bharatiya Nyaya…
In a landmark case of the Supreme Court of India dated 15 July 2025, a decree of divorce has been…
The Supreme court in a landmark decision dissolved the marriage of a couple who had been separated for more than ten years saying irretrievable breakdown was a valid ground to grant divorce under Article 142 of the Constitution. The case shows that the Court, as an arm of the constitution, has the right to give full justice when there is no statute on the matter.
In Chellammal & Anr. V. State of Tamil Nadu (2025), the Supreme Court reviews the fundamentals of jurisprudence regarding sentencing, which lacks a mention of the legal obligation imposed on the courts to seek probation. The case enriches our knowledge of Section 498A IPC and the Probation of offenders Act 1958.
This manual discusses marital offences under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Bharatiya Nyaya Sanhita (BNS), 2023, laws that replace India’s aging criminal code. It discusses BNSS Section 219, which prescribes prosecution procedure, and BNS Sections 81-84, which establish offences such as cruelty and bigamy. The structure requires complaints by victims, except in the case of vulnerable persons, with a balance between justice and accessibility. Stressing procedural transparency and substantive law, this analysis explains how these acts update legal redress for matrimonial injustices while maintaining cultural ethos. This provides insights for practitioners and scholars dealing with India’s revamped criminal justice system.