A recent update under the Bharatiya Nyaya Sanhita (BNS) has created widespread discussion across the country after social media posts claimed that husbands could be jailed for drinking without their wife’s permission. This interpretation is incorrect. The actual rule focuses on preventing domestic violence linked to alcohol consumption, not on banning drinking or requiring permission.
Under BNS Section 85, any husband or his relatives who subject a woman to cruelty can face strict legal action. This includes situations where abuse happens after drinking, which is one of the most common triggers in domestic violence cases. The purpose of the law is to ensure that women feel safe in their homes and have the right to seek immediate help if they are harmed.
What the Law Really Says
BNS Section 85 states that cruelty by a husband or his relatives is a punishable offence. Cruelty includes:
- Physical violence
- Threatening or scaring the woman
- Insulting or humiliating her
- Emotional or mental harassment
If these actions occur under the influence of alcohol, the wife has the full right to file a complaint. Police can take immediate action, and the punishment can include up to three years of imprisonment and a fine.
Not a Ban on Drinking
The rule does not say that a husband must take permission from his wife before drinking. It only states that if drinking leads to abusive behaviour, the law will treat it as a serious offence. The goal is to reduce domestic violence, not to control personal habits.
Why This Rule Is Important
Domestic violence remains a major issue in India. Alcohol‑related abuse is one of the most frequently reported forms of violence. The new BNS rule strengthens protection for women by:
- Allowing faster police response
- Making husbands accountable for their behaviour
- Reducing the misuse of alcohol as an excuse for violence
- Giving women clearer legal rights
Legal experts note that this rule is similar to the earlier IPC Section 498A but is now more structured and easier to enforce under the BNS framework.
A Step Toward Safer Homes
The government’s intention is to protect women from harm. By linking alcohol‑related behaviour to legal consequences, the law encourages responsible conduct and aims to reduce domestic violence cases across the country. It is a step toward creating safer homes and ensuring that women have the support they need when facing abuse.
