BNS Section 92
If I cause the death of a fetus while committing an act that would be culpable homicide, am I criminally liable?
Short answer
Yes, you can be punished with up to ten years imprisonment and a fine for causing the death of a quick unborn child.
In detail
Section 92 of the Bharatiya Nyaya Sanhita, 2023 says that if a person does something that would be considered culpable homicide if it killed a pregnant woman, and that act instead kills the fetus that is alive (called a quick unborn child), the person is guilty of a separate offence. The law treats the death of the fetus as a criminal act even when the mother survives. The punishment for this offence can be imprisonment for any term up to ten years, and the court may also impose a monetary fine. For example, if someone knows their action could kill a pregnant woman, injures her, she lives, but the unborn child dies, that person is liable under this section. The provision aims to protect unborn lives that are already developing and to hold offenders accountable for their loss.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What does 'quick unborn child' mean under this law?
- Is the death of the pregnant woman also punished in the same case?
- What amount of fine can be imposed for this offence?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.