BNS Section 90 – Death caused by act done with intent to cause miscarriage

Amit Kapoor04 mins

IPC Section – 314

Cognizable
(1) punishable with imprisonment for ten years and fine
(2) if without consent, punishable imprisonment for
life or as above.

Death caused by act done with intent to cause miscarriage

(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
It is not essential to this offence that the offender should know that the act is likely to cause death.

Key Points of BNS-90

Section BNS-90 of the Bharatiya Nyaya Sanhita (BNS) addresses severe offenses involving harm to pregnant women, specifically targeting those who, with the intent to cause a miscarriage, cause the death of the woman.

1. Intent to Cause Miscarriage

  • Key Element: The central element is the offender’s intent to cause a miscarriage. If the act performed with this intent results in the woman’s death, it leads to serious punishment.

2. Punishment (with Consent)

  • Imprisonment: If the miscarriage is intended and causes the woman’s death, the offender may be sentenced to imprisonment for up to ten years.
  • Fine: In addition to imprisonment, the offender may also face a fine.

3. Punishment (without Consent)

  • Life Imprisonment: If the act is carried out without the woman’s consent and results in her death, the punishment can be life imprisonment or the punishment described in subsection (1), which is imprisonment for up to ten years.

4. Seriousness of the Crime

  • This law emphasizes the protection of women’s bodily autonomy and life, punishing those who perform acts that endanger or harm them without consent, particularly in pregnancy-related cases.

Summary of BNS-90:

  • Offense: Death caused by an act done with the intent to cause a miscarriage.
  • Punishment: Imprisonment for up to 10 years and a fine.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Court of Session.

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