Bharatiya Nyaya Sanhita, 2023
BNS Section 92
Causing death of quick unborn child by act amounting to culpable homicide
In one line
BNS Section 92 deals with causing death of quick unborn child by act amounting to culpable homicide and replaces IPC 316.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 92 | Causing death of a quick unborn child by an act amounting to culpable homicide. | Imprisonment for 10 years and fine. | 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 92
92. Causing death of quick unborn child by act amounting to culpable homicide.
Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
Frequently asked
What was BNS Section 92 in the IPC?
BNS Section 92 (Causing death of quick unborn child by act amounting to culpable homicide) replaces Section 316 of the Indian Penal Code, 1860. IPC 316 is now BNS 92.
What is the punishment under BNS 92?
Causing death of a quick unborn child by an act amounting to culpable homicide – 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.
Is BNS 92 bailable?
Non-bailable: BNS 92. 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 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 91 — Act done with intent to prevent child being born alive or to cause to die after birth
- 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
- BNS 97 — Kidnapping or abducting child under ten years of age with intent to steal from its person