New Delhi. Now the drunken steps should not cross the limits of love, the law says that peace in the house should not be disturbed. Imagine it is seven o’clock in the evening. While returning from office, some friends put pressure on me, “Come on friend, let’s get two pegs today.” You also thought, “No problem, I will take care of everything after going home.” But now this will not work. There is a provision in the new Indian Justice Code (BNS) that can send you straight to three years of jail for this two pegs of yours. If you are married and your wife has banned you from coming home after drinking alcohol, then you will have to obey your wife’s orders.
What does the law say?
The wife can file a case against the drunken husband under Section 85B of BNS. This is such a strong section of the new law that ignoring his wife can prove very costly for him. A wife can lodge an FIR against her husband under this section only when –
1. Husband creates ruckus in the house after consuming alcohol or any intoxicant,
2. The wife’s safety, mental peace or honor is at risk because of the husband,
3. The wife has forbidden coming home after drinking alcohol, yet the husband continues to repeat this habit.
The important thing is that if you are unmarried, drink alcohol every day, return late at night then the law does not stop you. This law has been made only for the safety of married women and marital peace.
What rights have been given to the wife?
This law is not just about punishment but also gives many strong legal protections to the wife –
1. Full right to lodge complaint
The wife can lodge an FIR directly in the police station. The police will have to take action in such cases.
2. Demand for protection
If the wife feels that her husband may commit violence against her under the influence of alcohol, then she—
• May demand security
• Can take orders to stay away from home
• Husband can also be kept on bond of good behavior
3. Right to financial assistance
If the husband is negligent in fulfilling the needs of the family due to drinking alcohol, then he cannot escape the legal responsibility of maintenance of the wife.
How to strengthen wife’s case? Know important tips
The law does not work only on emotions, it works on evidence. Therefore the wife will have to strengthen her case—
1. Keep a record of the incident
• When does the husband come drunk?
• What a ruckus
• Abuse, breaking things, or making threats—note all
2. Video or audio evidence
In today’s time, the strongest evidence can be a short mobile video.
3. Witness
Any neighbor, family member or friend who is a direct witness to the incident makes the case stronger.
4. Medical report
If the wife is physically injured, it is very important to get her medically examined.
5. First complaint to police, then FIR
FIR is not necessary in the first instance.
If the wife wants-
• General Diary (GD)
• Women Helpline
• Written complaint in the police station
Can start from.
Why is this law so strict for husbands?
The government argues that alcohol is a major factor in more than 40% of cases of domestic violence. In the new BNS, women’s safety and peace in the family have been given top priority. This is the reason why provisions like 85B were brought so that the husband does not create havoc in the house by drinking alcohol without any restriction. Drinking alcohol may be your habit, but you do not have the right to endanger someone’s peace, honor and safety.
