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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 BNS Section 92
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.
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 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 and its Equivalent IPC Section
This section outlines the key differences between Section 92 of BNS and its equivalent 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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 92 of the Bharatiya Nyaya Sanhita (BNS)
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