LawRato

BNS Section 90

 - 

Bharatiya Nyaya Sanhita

Reviewed by Advocate Chikirsha Mohanty

BNS Section 90

Death caused by act done with intent to cause miscarriage

BNS section 90 deals with death caused by an act done with the intent to cause a miscarriage.

(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.

Explanation
It is not essential to this offence that the offender should know that the act is likely to cause death.


LawRato 641+ Lawyers are online

Connect with a criminal lawyer in one minute




Key Points on BNS-90

Section BNS-90 of the Bharatiya Nyaya Sanhita (BNS) addresses severe offenses involving harm to pregnant women, specifically targeting those who, with the intent to cause a miscarriage, end up causing the death of the woman.

1. Intent to Cause Miscarriage
 

  • Key Element: The offender's intention to cause a miscarriage is central to this section. The resulting death of the woman due to any act performed with this intention leads to serious punishment.
     

2. Punishment (with Consent)
 

  • Imprisonment: If the miscarriage is intended and causes the woman's death, the punishment may include imprisonment for a term extending up to ten years.
     

  • Fine: In addition to imprisonment, the offender may also be liable to pay a fine .
     

3. Punishment (without Consent)
 

  • Life Imprisonment: If the act is carried out without the woman’s consent and leads to her death, the punishment can be life imprisonment or the punishment described in subsection (1), which is imprisonment up to ten years .
     

4. Seriousness of the Crime
 

  • This law emphasizes the protection of women's bodily autonomy and life by punishing those who take actions that endanger or harm them without consent, particularly in cases related to pregnancy.
     


Offence : Death caused by an act done with intent to cause miscarriage.


Punishment : Imprisonment for 10 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Court of Session.




Get the full list of all sections in the Bharatiya Nyaya Sanhita (BNS) here. Our comprehensive guide offers detailed information and analysis on every BNS section to enhance your legal knowledge.


Find the best lawyer for BNS Section 90 charges

Comments by Users


No Comments! Be the first one to comment.