Act done with intent to prevent child being born alive or to cause to die after birth
What this section does
This section penalises any act done before a child's birth with the intention of preventing it from being born alive or causing it to die after birth, where that act actually achieves either result. The offence does not apply where the act is done in good faith to save the mother's life.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term which may extend to 10 years, or fine, or both.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- An act was done before the birth of a child
- The act was done with the intention of preventing the child from being born alive, or of causing it to die after birth
- The act actually prevented the child from being born alive, or caused it to die after birth
- The act was not done in good faith for the purpose of saving the mother's life
Practitioner note
The good-faith exception for saving the mother's life is a complete defence. The section covers both stillbirth-by-design and post-birth death caused by a pre-birth act.
Derived from IPC s.316.
Read the official text
For the binding statutory text of BNS Section 91, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 91 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.