Causing death of quick unborn child by act amounting to culpable homicide
What this section does
This section creates a specific offence for causing the death of a quick (viable/moving) unborn child by an act that, had it caused the death of a person, would have amounted to culpable homicide. It bridges the gap between culpable homicide (which requires a living person) and harm to an unborn child.
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, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused did an act under circumstances such that, had it caused death, the accused would have been guilty of culpable homicide
- The act caused the death of a quick unborn child
Practitioner note
The illustration clarifies that even where the pregnant woman survives, the accused is guilty if the quick unborn child dies. 'Quick' refers to a child whose movements have been felt in the womb.
Derived from IPC s.316.
Read the official text
For the binding statutory text of BNS Section 92, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 92 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.