BNS Section 90: Death Caused by Intentional Miscarriage

Section 90 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section specifically deals with the crime of causing death through an act intended to induce miscarriage.

Definition of BNS Section 90

Section 90 of the BNS 2023 States:
(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 and Illustration of Section 90 (Bharatiya Nyaya Sanhita, 2023)

Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offense of causing the death of a woman through acts intended to cause her miscarriage. It specifies punishment for both cases where the woman’s consent is given and where it is not.

Explanation of Section 90

Sub-section (1): If a person intentionally causes a miscarriage of a pregnant woman and, as a result, causes her death, that person will be punished with imprisonment for a term that may extend to ten years, and will also be liable to a fine.

Sub-section (2): If the act is carried out without the woman’s consent, the punishment is more severe. The person could be punished with life imprisonment or face the same punishment specified in Sub-section (1).

Illustrations of Section 90
A man intentionally causes his wife to miscarry by using harmful substances. Unfortunately, the procedure results in her death. Since the act was done with the intent to cause a miscarriage, and it led to the woman’s death, the man could face up to ten years of imprisonment and a fine.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS Section 90

Section 90 of the Bharatiya Nyaya Sanhita (BNS) 2023 targets offenses where an individual, intending to cause a miscarriage, causes a woman’s death.

Intent to Cause Miscarriage: The section focuses on acts performed with the intent to induce a miscarriage that results in the woman’s death.

Punishment (with Consent): If the act is done with the woman's consent and leads to her death, the offender faces up to ten years' imprisonment and a fine.

Punishment (without Consent): If done without consent, the punishment increases to life imprisonment or up to ten years' imprisonment.

This law emphasises protecting women's life and autonomy by imposing severe penalties for such actions.

Differences Between Section 90 of BNS 2023 and its Equivalent IPC Section

This section outlines the key differences between Section 90 and its equivalent Indian penal code IPC section 313 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
90	Causing miscarriage without woman’s consent.	313	In place of words 'defined in last preceding section' previous section number is mentioned in BNS.

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FAQs about Section 90 of the Bharatiya Nyaya Sanhita (BNS)

What does Section 90 of the BNS cover?

Section 90 addresses offenses involving the death of a woman caused by acts done with the intent to induce a miscarriage. It outlines penalties for those who intentionally cause harm leading to death during such procedures.

What is the key element of this offense?

The key element is the offender’s intent to cause a miscarriage. If this intention results in the woman’s death, the person committing the act is subject to serious legal consequences.

Is it necessary for the offender to know the act may cause death?

No, it is not necessary for the offender to be aware that the act may result in death. The offense applies even if the offender does not foresee the fatal outcome of their actions.

What is the punishment if the miscarriage is intended and causes death?

If the miscarriage is intended and leads to death, the offender may be sentenced to imprisonment for up to ten years, along with a fine.

What happens if the woman’s consent is not obtained?

If the act is carried out without the woman’s consent and results in her death, the offender could face life imprisonment or the same punishment as mentioned in the prior section (up to ten years).

What does ‘intent to cause miscarriage’ mean in this section?

It refers to the deliberate action of causing a miscarriage, regardless of whether it is done with or without the woman’s consent. If this act results in death, it becomes a punishable offense under Section 90.

Can medical professionals be punished under this law?

Yes, if a medical professional causes a miscarriage with intent and the woman dies as a result, they can be punished, unless the procedure was carried out in good faith and to save the woman’s life.