BNS Section 91 : Act Done With Intent to Prevent Child Being Born Alive or to Cause to Die After Birth

Definition of BNS Section 91

Section 91 of the BNS 2023 States:
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.

Explanation and Illustration of BNS Section 91

Action Before Birth:

• Context:
  

• This provision safeguards the right to life of an unborn or newly born child, emphasising the state's interest in protecting life.
• It balances this protection with the rights of the mother by allowing exceptions where the mother's life is at risk.

• Example
  A pregnant woman is in labor, and her partner, intending to prevent the child from being born alive, deliberately harms the woman’s abdomen. This act results in the child being born stillborn. Since the intent was to prevent the child from being born alive, and the act was not done in good faith for the purpose of saving the mother's life, the man can be punished under Section 91. He could face imprisonment for up to ten years, a fine, or both, for causing the death of the child in this manner.

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