Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of causing the death of a woman with child through an act intended to induce a miscarriage. It outlines the penalties for such actions, distinguishing between cases where the woman's consent is obtained and where it is not.
📜 Text of Section 90
Section 90 – Death caused by act done with intent to cause miscarriage
With Consent: 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.
Without Consent: 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
⚖️ Legal Context
This provision criminalizes acts that result in the death of a pregnant woman when the intent was to cause a miscarriage. The law distinguishes between consensual and non-consensual acts, imposing stricter penalties for non-consensual acts. The explanation clarifies that the offender's knowledge of the potential fatal outcome is not a necessary element for liability
📚 Equivalent Provision in the Indian Penal Code (IPC)
Section 90 of the BNS corresponds to Section 314 of the Indian Penal Code (IPC), 1860, which deals with causing death by an act done with intent to cause miscarriage. Both provisions prescribe similar punishments, reflecting a consistent legal approach to such offenses
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