BNS Section 92 : Causing Death of Quick Unborn Child by Act Amounting to Culpable Homicide
Section 92 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It deals with the unlawful killing of a 'quick' unborn child, defined as one that is perceptibly moving in the womb. It addresses situations where an act causes the death of such a fetus, amounting to culpable homicide.
Definition of BNS Section 92
Section 92 of the BNS 2023 States:
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.
Explanation and Illustration of Section 92 (Bharatiya Nyaya Sanhita, 2023)
Section 92 applies when someone performs an act that could lead to the death of another person (culpable homicide), but instead, it results in the death of a quick unborn child (a fetus capable of surviving outside the womb).
Key Explanations of Section 92:
Illustration:
A, aware that his actions are likely to cause the death of a pregnant woman, performs an act that, had it resulted in the woman's death, would be considered culpable homicide. Although the woman survives, her unborn quick child dies as a result of the injury. A is guilty of the offense under this section.
Key Points of BNS Section 92
Section BNS-92 addresses the act of causing the death of a 'quick' unborn child. The section treats such an act as culpable homicide, highlighting the grave nature of the offense.
Quick Unborn : A 'quick' unborn child refers to a fetus that has reached the stage where it can potentially survive independently outside the womb
Culpable Homicide : The section applies when an act, had it resulted in the death of a person, would be classified as culpable homicide—death caused by an act the person knows is likely to cause harm.
Punishment : The offender can face imprisonment of up to ten years. In addition, a fine may be imposed, or both imprisonment and a fine.
Seriousness of Offense : This provision emphasizes the protection of viable unborn children, considering their death as a serious crime comparable to homicide.
Differences Between Section 92 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 92 and its equivalent Indian penal code IPC section 316 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 |
|---|---|---|---|
| 92 | Causing death of quick unborn child by act amounting to culpable homicide. | 316 | No change. |
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FAQs about Section 92 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 92 apply if the mother does not die?
Yes, Section 92 applies even if the mother survives the act. If a quick unborn child dies due to an act that could have killed the mother, the offender is guilty of causing the child’s death.
Is there a distinction between causing the death of a woman and a quick unborn child?
Yes, Section 92 specifically addresses the death of a quick unborn child, a fetus capable of independent life. While both are serious offenses, the law treats the death of a viable fetus as akin to culpable homicide.
What if the act was accidental?
If the death of the quick unborn child was caused unintentionally but through an act that was reckless or negligent, the offense might still be classified under culpable homicide depending on the circumstances, with appropriate penalties as per the law.
Can a medical intervention be an exception under Section 92?
Yes, medical interventions performed in good faith to save the life of the mother or for health reasons are exempt from punishment under Section 92, as long as they are conducted in accordance with medical standards and legal procedures.
What is the legal definition of 'causing the death' of a quick unborn child under Section 92?
'Causing the death' refers to any act that results in the termination of a viable pregnancy, where the fetus is capable of surviving outside the womb. If this act is done with the knowledge that it may lead to the death of the child, it is an offense.
Are there any defenses against a charge under Section 92?
The primary defense under Section 92 would be proving that the act was committed in good faith for the protection of the mother’s life, such as during necessary medical procedures. Otherwise, the offense is subject to the penalties outlined.
What happens if the quick unborn child survives the act but suffers injury?
If the quick unborn child survives the act but is injured, the situation may be handled differently based on the severity of the harm. However, if the child dies as a result of the act, the offender can still face culpable homicide charges.
