BNS Section 92 – Causing death of quick unborn child by act amounting to culpable homicide

Amit Kapoor04 mins

IPC Section – 316

Cognizable
punishable with imprisonment for ten years and fine.

Causing death of quick unborn child by act amounting to culpable homicide

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.

Illustrations

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. Of offences against children.

Key Points of BNS-92

Section BNS-92 deals with causing the death of a quick unborn child, a child that has reached the stage where it is capable of independent life outside the womb. This section equates such an act to culpable homicide, acknowledging the severity of the offense.

1. Quick Unborn Child

  • A “quick” unborn child refers to a fetus that has developed to the stage where it is viable and capable of surviving outside the womb.

2. Culpable Homicide

  • This section applies to situations where the death of a quick unborn child caused by an act would be classified as culpable homicide. Culpable homicide involves causing death through an act that the person knows is likely to result in death.

3. Punishment

  • Imprisonment: The offender can be sentenced to imprisonment for up to ten years.
  • Fine: The offender may also be liable to pay a fine, or both imprisonment and fine.

4. Seriousness of the Offense

  • This section treats the death of a quick unborn child as a serious crime, akin to homicide, and ensures the legal protection of a viable unborn child.

Summary of BNS-92:

  • Offense: Causing the death of a quick unborn child by an act amounting to culpable homicide.
  • 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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