BNS Section 92

BNS Section 92, in the context of the Bharatiya Nyaya Sanhita (BNS), addresses the offense of causing the death of a quick unborn child by an act that would amount to culpable homicide if it had caused the death of the mother.

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Illustration

Key Points on BNS-92

Section BNS-92 deals with causing the death of a quick unborn child, a child that has developed to the stage where it is capable of independent life outside the womb. The section equates such an act to culpable homicide, thereby recognizing the serious nature of the offense.

1. Quick Unborn Child
 

• A "quick" unborn child refers to a fetus that has reached the stage of development where it is viable and could survive outside the womb.
   

2. Culpable Homicide
 

• This section applies to situations where, had the death of a person been caused by the same act, it would be classified as culpable homicide. Culpable homicide involves causing death through an act that the person knows is likely to cause death.
   

3. Punishment
 

• Imprisonment: The offender can be sentenced to imprisonment of up to ten years.
   

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

4. Seriousness of Offense
 

• This section ensures the legal protection of an unborn child that is viable, treating its death as a serious crime akin to homicide.

Looking for information on the Bharatiya Nyaya Sanhita? Check out our exhaustive list of BNS all sections offering in-depth explanations and legal insights for each section.