BNS Section 91 : Act Done With Intent to Prevent Child Being Born Alive or to Cause to Die After Birth
Section 91 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of intentionally committing acts with the purpose of preventing a child from being born alive or causing its death shortly 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 Section 91 (Bharatiya Nyaya Sanhita, 2023)
Action Before Birth:
Resulting Outcome:
Exception:
Punishment:
Context:
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.
Key Points of BNS Section 91
Section BNS-91 of the Bharatiya Nyaya Sanhita (BNS) addresses acts committed with the intent to prevent a child’s birth or cause its death after birth. This section outlines severe offenses involving harm to both unborn and newborn children.
Differences Between Section 91 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 91 and its equivalent Indian penal code IPC section 315 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 |
|---|---|---|---|
| 91 | Act done with intent to prevent child being born alive or to cause it to die after birth. | 315 | No change. |
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FAQs about Section 91 of the Bharatiya Nyaya Sanhita (BNS)
Can a person be punished even if the child is not born alive?
Yes, Section 91 criminalises acts committed with the intent to prevent the birth of a child, regardless of whether the child is born alive. The intention to harm the child, even before birth, is considered a punishable offense.
How does Section 91 protect women’s health?
While Section 91 punishes acts that harm the child, it also safeguards women’s health by exempting medical interventions conducted in good faith to save the life of the mother, allowing necessary medical procedures during pregnancy.
What are the conditions for causing a child’s death under Section 91?
If the act is intended to cause the child’s death, whether before or immediately after birth, the offender will face punishment. This includes causing the death of a child who has been born but is still vulnerable.
How severe is the punishment for violating Section 91?
Violating Section 91 results in serious consequences, including imprisonment for up to ten years and potentially a fine. The severity of the punishment reflects the seriousness of the crime, protecting the sanctity of life.
Is consent from the woman involved necessary for the offense?
Section 91 does not require consent from the woman for the act to be considered an offense. The key issue is the intent to harm the child, and the law applies whether or not the mother agrees to the act.
Does Section 91 apply to all stages of pregnancy?
Yes, Section 91 applies to both early and late stages of pregnancy, including the moment before birth and immediately after the child is born. The law is intended to protect the child throughout the entire process.
How does Section 91 contribute to child welfare?
Section 91 contributes to child welfare by punishing harmful actions aimed at preventing birth or causing the death of a child after birth. It upholds the rights of the child to be born and live, ensuring protection against deliberate harm.
