Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalizes intentional acts performed before or immediately after the birth of a child that prevent the child from being born alive or cause the child to die after birth. This provision is designed to protect the lives of unborn and newborn children from deliberate harm.
๐ Text of Section 91
Section 91: Act done with intent to prevent child being born alive or to cause to die 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.
โ๏ธ Correspondence with Indian Penal Code (IPC)
Section 91 of the BNS, 2023, aligns with Section 315 of the Indian Penal Code (IPC), 1860, which similarly addresses acts intended to prevent a child from being born alive or to cause its death after birth. Both provisions emphasize the seriousness of such offenses and prescribe penalties accordingly.
๐ Key Elements of the Offense
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 of the Act: The act must result in the child not being born alive or causing the child's death after birth.
Exclusion of Good Faith: If the act was performed in good faith for the purpose of saving the life of the mother, it is not considered an offense under this section.
Punishment: Conviction under this section can lead to imprisonment for up to ten years, a fine, or both.
๐ Purpose and Protection
The primary aim of Section 91 is to safeguard the lives of unborn and newborn children from intentional harm. By criminalizing such acts, the law seeks to deter individuals from engaging in conduct that endangers the life of a child before or immediately after birth.
๐งพ Illustrative Example
If a person intentionally administers a substance to a pregnant woman with the aim of causing the fetus to die before birth, and the fetus dies as a result, the individual would be guilty under Section 91. Similarly, if a person harms a newborn with the intent to cause its death, and the child dies, the person would be subject to the penalties outlined in this section.
In summary, Section 91 of the BNS, 2023, addresses the grave offense of intentionally preventing a child from being born alive or causing its death after birth. It underscores the legal protection afforded to unborn and newborn children and establishes stringent penalties for those who commit such acts.
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