Section 85 BNS: Supreme Court on Live-in Relationships | UPSC Analysis

Section 85 BNS explained for UPSC aspirants

Section 85 BNS

UPSC Relevance

This topic is important for GS Paper II, covering the judiciary, criminal justice reforms, women’s rights, constitutional principles, judicial interpretation and the Bharatiya Nyaya Sanhita, 2023.

Prelims Practice Questions

  1. Q1. Section 85 of the Bharatiya Nyaya Sanhita corresponds to which provision of the Indian Penal Code?

    • (a) Section 302
    • (b) Section 376
    • (c) Section 498A
    • (d) Section 124A

    Answer: (c)

  2. Q2. According to the uploaded newspaper, the Supreme Court extended protection under Section 85 BNS to:

    • (a) Every live-in relationship
    • (b) Relationships in the nature of marriage satisfying specified conditions
    • (c) Casual dating relationships
    • (d) All domestic partnerships without conditions

    Answer: (b)

  3. Q3. The expression ‘relationship in the nature of marriage’ has been borrowed from:

    • (a) Hindu Marriage Act, 1955
    • (b) Protection of Women from Domestic Violence Act, 2005
    • (c) Special Marriage Act, 1954
    • (d) Indian Evidence Act

    Answer: (b)

  4. Q4. Purposive interpretation means interpreting a law based primarily on:

    • (a) Grammar alone
    • (b) Legislative purpose and object
    • (c) Public opinion
    • (d) Executive directions

    Answer: (b)

  5. Q5. According to the uploaded newspaper, one essential condition for extending protection is:

    • (a) Registered marriage only
    • (b) Genuine intention to marry
    • (c) Foreign citizenship
    • (d) Property ownership

    Answer: (b)

Mains Practice Questions

  1. Q1 (10 Marks): Discuss the significance of the Supreme Court’s interpretation of Section 85 BNS in protecting women in live-in relationships.

  2. Q2 (15 Marks): Examine the role of purposive interpretation in expanding the scope of criminal law while balancing safeguards against misuse.

FAQs

What did the Supreme Court hold? According to the uploaded newspaper, protection under Section 85 BNS may extend to certain live-in relationships that are in the nature of marriage and involve a genuine intention to marry.

Does every live-in relationship qualify? No. The uploaded newspaper states that casual or temporary relationships are not automatically covered.

Why is this judgment important for UPSC? It connects judicial interpretation, criminal justice reforms, women’s rights and constitutional principles under GS Paper II.

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