Section 85 of the Bharatiya Nyaya Sanhita (BNS) aims to balance protecting women from domestic abuse with safeguards against misuse, building on lessons learned from its predecessor, Section 498A IPC. While retaining core protections, the BNS introduces procedural reforms to address historical concerns about false accusations. Here’s an analysis of how it navigates this balance:

1. Protective Measures for Women
Section 85 BNS criminalizes cruelty by a husband or his relatives, covering:

Physical and mental abuse, including dowry-related harassment.

Punishment: Up to 3 years’ imprisonment and fines, maintaining the non-bailable and cognizable nature of the offense.

Broad scope: Protects women from acts causing "grave injury or danger to life, limb, or health," whether physical or mental.

This framework ensures swift legal action in genuine cases, empowering women to seek justice without delay.

2. Safeguards Against Misuse
The BNS incorporates procedural checks to curb false allegations:

Preliminary inquiries: Police must conduct investigations before arrests, except in urgent cases.

Magistrate oversight: Arrests generally require judicial approval, preventing arbitrary detention.

Mediation emphasis: Courts prioritize reconciliation in matrimonial disputes, reducing vindictive litigation.

Penalties for false complaints: Accused individuals can pursue defamation claims (Section 356 BNS) or perjury charges (Section 379 BNSS).

Family Welfare Committees: Some states adopt these to screen complaints pre-arrest, as recommended in Rajesh Sharma v. State of UP.

These measures address misuse risks while preserving access to justice for genuine victims.

3. Judicial Precedents Shaping Reforms
Key rulings influenced BNS’s balanced approach:

Arnesh Kumar Guidelines (2014): Mandated preliminary inquiries and restricted automatic arrests.

Rajesh Sharma (2017): Advised Family Welfare Committees to verify complaints.

Preeti Gupta (2010): Highlighted misuse trends, urging courts to scrutinize "roving inquiries" against extended families.

These precedents informed BNS’s procedural rigor, ensuring arrests occur only after due diligence.

4. Criticisms and Challenges
While safeguards aim to prevent misuse, critics argue:

Delayed justice: Preliminary inquiries might hinder urgent protections for abuse victims.

Mediation risks: Pressure on women to settle genuine complaints amicably.

Regional disparities: Inconsistent adoption of Family Welfare Committees across states.

Conclusion
Section 85 BNS strikes a nuanced balance by retaining strong protections against abuse while introducing procedural safeguards like preliminary inquiries, judicial oversight, and mediation. These reforms aim to deter false accusations without undermining women’s rights, reflecting lessons from decades of judicial experience. However, effective implementation and ongoing monitoring remain critical to ensuring fairness for all parties