BNS Section 91

Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of intentionally preventing a child from being born alive or causing its death after birth.
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.

Key Points on BNS-91

Section BNS-91 of the Bharatiya Nyaya Sanhita (BNS) deals with actions aimed at preventing the birth of a child or causing the child's death after birth. This section highlights serious offenses involving harm to unborn or newborn children.

1. Intent to Prevent Birth or Cause Death
 

• The primary aspect of this section is the intention to either prevent a child from being born alive or cause its death after birth. The focus is on the perpetrator's intent to harm the child either before or immediately after birth.
   

2. Punishment
 

• Imprisonment: If the act results in preventing the child’s birth or causing the child's death, the offender is punishable with imprisonment for up to ten years.
   

• Fine: The offender may also be liable to pay a fine or both imprisonment and fine .
   

3. Exception
 

• Good Faith: Acts done in good faith to save the life of the mother are exempt from this punishment. This provides legal protection for medical interventions necessary for saving the mother's life .
   

4. Seriousness of Offense
 

• BNS-91 ensures protection for unborn and newborn children and emphasizes harsh consequences for anyone trying to harm them.

Explore the comprehensive list of all sections under the Bharatiya Nyaya Sanhita (BNS). Our detailed guide provides a complete overview of each section to help you understand Indian law better.