Bharatiya Nyaya Sanhita, 2023
BNS Section 90
Death caused by act done with intent to cause miscarriage
In one line
BNS Section 90 deals with death caused by act done with intent to cause miscarriage and replaces IPC 314.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 90(1) | Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 90(2) | If act done without women's consent. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 90
90. Death caused by act done with intent to cause miscarriage.
(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section. Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.
What changed from the IPC
- IPC 314 → BNS 90: Heading of para-2 "if act done without woman's consent" is excluded.
- IPC 314 → BNS 90: The words "Where the act referred to in sub-section (1)" are added.
Frequently asked
What was BNS Section 90 in the IPC?
BNS Section 90 (Death caused by act done with intent to cause miscarriage) replaces Section 314 of the Indian Penal Code, 1860. IPC 314 is now BNS 90.
What is the punishment under BNS 90(1)?
Death caused by an act done with intent to cause miscarriage – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 90(2)?
If act done without women's consent – Imprisonment for life, or as above. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 90 bailable?
Non-bailable: BNS 90(1), 90(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 85 — Husband or relative of husband of a woman subjecting her to cruelty
- BNS 86 — Cruelty defined
- BNS 87 — Kidnapping, abducting or inducing woman to compel her marriage, etc
- BNS 88 — Causing miscarriage
- BNS 89 — Causing miscarriage without woman’s consent
- BNS 91 — Act done with intent to prevent child being born alive or to cause to die after birth
- BNS 92 — Causing death of quick unborn child by act amounting to culpable homicide
- BNS 93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- BNS 94 — Concealment of birth by secret disposal of dead body
- BNS 95 — Hiring, employing or engaging a child to commit an offence