Husband's girlfriend can't face cruelty case under BNS: Karnataka HC

The brief

Context

The Karnataka High Court has quashed criminal proceedings against a woman accused of being the "paramour" (girlfriend) of a married man, holding that she cannot be prosecuted for cruelty to his wife under Section 85 of the Bharatiya Nyaya Sanhita, 2023. Section 85 punishes cruelty by a husband or "his relative", and the court held a girlfriend does not fall within the meaning of "relative". Justice M Nagaprasanna relied on the Supreme Court's ruling in Dechamma IM @ Dechamma Koushik v State of Karnataka, which held that a married man's girlfriend is not his relative. The woman had moved the High Court after a trial court took cognisance of the case registered on the wife's complaint.

Key facts

• The Karnataka High Court held that a husband's girlfriend cannot be accused of cruelty to and intimidating the wife under the Bharatiya Nyaya Sanhita.
• Section 85 of the BNS, 2023 penalises a husband or his relative who subjects a woman to cruelty, with imprisonment of up to three years along with a fine.
• Justice M Nagaprasanna relied on the Supreme Court's decision in Dechamma IM @ Dechamma Koushik v State of Karnataka.
• The Supreme Court had held in that case that a girlfriend of a married man cannot be considered his relative.
• The Karnataka HC held that a girlfriend or any woman the husband had relations with 'could not be construed as a relative', diminishing grounds for a Section 85 case.
• The wife's complaint alleged cruelty, assault or use of criminal force, criminal intimidation and intentional insult under the BNS.
• The complaint also accused the woman of the offence of taking dowry under the Dowry Prohibition Act, 1961.
• Advocates Gagandeep E and Ajit PB appeared for the petitioner; Advocate PM Gopi appeared for the wife, as per Bar and Bench.

Timeline

1. Not dated in the sourceWife files complaint alleging cruelty, assault/criminal force, criminal intimidation and intentional insult under BNS, plus dowry offence under the Dowry Prohibition Act, 1961.
2. Not dated in the sourceA trial court takes cognisance of the criminal case registered against the woman paramour.
3. Earlier ruling (date not stated)Supreme Court in Dechamma IM @ Dechamma Koushik v State of Karnataka holds that a married man's girlfriend is not his relative.
4. RecentlyKarnataka High Court, Justice M Nagaprasanna, quashes criminal proceedings against the woman.

Who has a stake

• The woman petitioner (the husband's girlfriend) — Faced prosecution for cruelty, criminal intimidation and dowry offences; proceedings against her have now been quashed.
• The complainant wife — Loses one avenue of prosecution against the other woman; represented by Advocate PM Gopi before the High Court.
• The husband (accused No.1 in the case) — Remains the primary accused as husband under the cruelty provision; the ruling only concerns the paramour's liability.
• Karnataka High Court / Justice M Nagaprasanna — Interpreted the scope of 'relative' under Section 85 BNS following Supreme Court precedent.
• Supreme Court of India — Its Dechamma IM ruling is the binding precedent that a married man's girlfriend is not his relative.
• Trial court — Its order taking cognisance against the paramour was set aside by the High Court.

Why it matters

Section 85 BNS (successor to Section 498A IPC) is among the most frequently invoked matrimonial cruelty provisions, and courts have long wrestled with how widely the word "relative" of the husband can be stretched. By ruling that a girlfriend or any woman with whom the husband had relations is not a "relative", the Karnataka HC narrows who can be dragged into a cruelty case. The order also reiterates that a cruelty charge tied to dowry requires material showing harassment over non-fulfilment of a dowry demand.