Death caused by act done with intent to cause miscarriage
What this section does
Punishes an act done with intent to cause miscarriage of a pregnant woman that results in the woman's death. Sub-section (2) provides for enhanced punishment (up to life imprisonment) where the act was done without the woman's consent. Importantly, it is not necessary that the offender knew the act was likely to cause death.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Sub-section (1): Imprisonment of either description up to 10 years, and fine. Sub-section (2) (without consent): Imprisonment for life, or imprisonment of either description up to 10 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused did an act with intent to cause the miscarriage of a woman with child
- The act caused the death of the woman
- For sub-section (2): the act was done without the consent of the woman
Practitioner note
The Explanation clarifies that knowledge that the act is likely to cause death is not an essential element of this offence; intent to cause miscarriage alone suffices.
Derived from IPC s.314.
Read the official text
For the binding statutory text of BNS Section 90, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 90 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.