BNS Section 91 – Act done with intent to prevent child being born alive or to cause it to die after birth

Amit Kapoor04 mins

IPC Section – 315

Cognizable
punishable with imprisonment for ten years or with
fine or with both.

Act done with intent to prevent child being born alive or to cause it to die after birth

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.

Key Points of BNS-91

Section BNS-91 of the Bharatiya Nyaya Sanhita (BNS) addresses actions aimed at preventing the birth of a child or causing the child’s death after birth. This section highlights serious offenses involving harm to unborn or newborn children.

1. Intent to Prevent Birth or Cause Death

  • The primary aspect of this section is the intent to either prevent a child from being born alive or to cause its death after birth. The focus is on the perpetrator’s intent to harm the child either before or immediately after birth.

2. Punishment

  • Imprisonment: If the act results in preventing the child’s birth or causing the child’s death, the offender is punishable with imprisonment for up to ten years.
  • Fine: In addition to imprisonment, the offender may also be liable to pay a fine, or both imprisonment and fine.

3. Exception

  • Good Faith: Acts performed in good faith to save the life of the mother are exempt from this punishment. This provides legal protection for medical interventions necessary to save the mother’s life.

4. Seriousness of the Offense

  • BNS-91 emphasizes the protection of unborn and newborn children and imposes harsh consequences for anyone trying to harm them.

Summary of BNS-91:

  • Offense: Act done with the intent to prevent a child from being born alive, or to cause it to die after its birth.
  • Punishment: Imprisonment for up to 10 years, or a fine, or both.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Court of Session.

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