Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Act Done with Intent to Prevent Child Being Born Alive or to Cause to Die After Birth
Section 91 of the BNS, 2023 criminalizes intentional acts aimed at preventing a child from being born alive or causing its death after birth. This provision addresses actions that endanger the life of a fetus or a newborn, emphasizing the protection of unborn and newly born children.
Text of Section 91
"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 Elements
Intentional Act: The act must be done with the specific intention to prevent the child from being born alive or to cause its death after birth.
Outcome: The act must result in the child being prevented from being born alive or causing its death after birth.
Exclusion: The act must not be done in good faith for the purpose of saving the life of the mother.(
Punishment
The punishment for committing an offence under Section 91 is imprisonment of either description for a term which may extend to ten years, or with fine, or with both.(
Purpose and Protection
Section 91 aims to protect the life and well-being of unborn and newly born children by criminalizing intentional acts that endanger their survival. It underscores the importance of safeguarding the rights of the child from the moment of conception.)
Comparison with Indian Penal Code (IPC)
Section 91 of the BNS, 2023 corresponds to Section 315 of the Indian Penal Code (IPC), 1860, which also deals with acts done with the intent to prevent a child from being born alive or to cause its death after birth. Both provisions share similar definitions and punishments, reflecting a consistent legal approach to protecting the life of the child.(
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