Bharatiya Nyaya Sanhita, 2023
BNS Section 91
Act done with intent to prevent child being born alive or to cause to die after birth
In one line
BNS Section 91 deals with act done with intent to prevent child being born alive or to cause to die after birth and replaces IPC 315.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 91 | Act done with intent to prevent a child being born alive, or to cause it to die after its birth. | Imprisonment for 10 years, or fine, or both. | 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 91
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.
Frequently asked
What was BNS Section 91 in the IPC?
BNS Section 91 (Act done with intent to prevent child being born alive or to cause to die after birth) replaces Section 315 of the Indian Penal Code, 1860. IPC 315 is now BNS 91.
What is the punishment under BNS 91?
Act done with intent to prevent a child being born alive, or to cause it to die after its birth – punishable with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 91 bailable?
Non-bailable: BNS 91. 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 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 90 — Death caused by act done with intent to cause miscarriage
- 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
- BNS 96 — Procuration of child