Criminal LawSection 92, Bharatiya Nyaya Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View source

Related questions

People also ask

  • What does 'quick unborn child' mean under this law?
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