Supreme Court on Live-in Relationships: Can a Partner Be Prosecuted for Domestic Cruelty Under Section 85 BNS?
The judgment in Dr. Lokesh B.H. & Ors. v. State of Karnataka & Anr., recognised that women in qualifying live-in relationships should not automatically be denied criminal-law protection merely because their relationship has not been solemnised through marriage.
What Did the Supreme Court Decide?
In its judgment, the Supreme Court held that Section 498A IPC could apply to a live-in relationship that qualifies as a “relationship in the nature of marriage,” where the intention to marry is an intrinsic part of the relationship.
However, the ruling does not mean that every live-in relationship is equivalent to marriage. The nature of the relationship, the parties' circumstances and the applicable legal requirements remain important.
The Court also emphasised safeguards against unnecessary arrests, including the principles laid down in Arnesh Kumar v. State of Bihar.
Does Section 85 BNS Apply to Live-in Relationships?
Section 85 BNS deals with cruelty by a husband or a relative of the husband towards a woman. It corresponds broadly to Section 498A IPC.
The Supreme Court expressly stated that its extended interpretation was limited to Section 498A IPC and would not affect other provisions. Accordingly, the judgment should not be presented as conclusively holding that Section 85 BNS applies to every qualifying live-in relationship.
When Can a Live-in Relationship Be Treated as a Relationship in the Nature of Marriage?
Courts may examine several factors, including:
- The duration and continuity of cohabitation.
- Whether the parties maintained a shared household.
- Their conduct, mutual commitments and public representation of the relationship and there is an intention to marry
- The circumstances suggesting a marriage-like domestic partnership.
Merely being in a consensual romantic or physical relationship does not automatically establish a relationship in the nature of marriage.
What Legal Remedies Are Available to Women in Live-in Relationships?
Women facing abuse or cruelty should not assume that the absence of a marriage certificate leaves them without legal remedies.
Depending on the facts, available options may include:
1. Protection under the Domestic Violence Act: The Protection of Women from Domestic Violence Act, 2005, recognises certain relationships in the nature of marriage and provides remedies such as protection orders, residence orders and monetary relief, subject to statutory requirements.
2. Criminal complaint: Where the facts disclose a criminal offence, a complaint may be made to the police under the applicable provisions of law. Whether Section 85 BNS applies to a particular live-in relationship requires separate legal assessment.
3. Medical and documentary evidence: Medical records, messages, photographs, financial records, witness accounts and evidence of shared residence may help establish the relevant facts.
4. Urgent safety measures: A person facing immediate danger should contact the police or emergency services and seek appropriate protection.
Frequently Asked Questions (FAQs)
1. Has the Supreme Court ruled that Section 85 BNS applies to all live-in relationships?
No. The 2026 judgment expressly limited its extended interpretation to Section 498A IPC. It should not be described as an automatic extension of Section 85 BNS to all live-in relationships.
2. Can a person be arrested immediately after a cruelty complaint?
An arrest is not automatic merely because a complaint has been filed. The applicable statutory requirements and safeguards against unnecessary arrest must be followed.
Conclusion
The Supreme Court's 2026 ruling is an important development in the law governing live-in relationships and domestic cruelty. It reinforces the principle that the absence of a formal marriage cannot, by itself, settle every question concerning a woman's legal protection.
At the same time, the judgment's express limitation to Section 498A IPC makes it essential to distinguish its actual holding from questions that remain to be resolved under Section 85 BNS.
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