BNS Section 90
What is the punishment for causing a woman's death while trying to induce a miscarriage?
Short answer
It can lead to up to ten years’ imprisonment and a fine, or life imprisonment if done without the woman's consent.
In detail
The law says that if a person deliberately tries to make a woman miscarry and the woman dies because of that act, the person can be sent to prison for as long as ten years and must also pay a fine. If the act is carried out without the woman's permission, the punishment becomes harsher: the court may order life imprisonment, or it may apply the same ten‑year term and fine. The rule does not require the offender to have known that the act could cause death; the intention to cause a miscarriage is enough for the offence. This provision therefore covers both cases where the woman agrees and where she does not, with a higher maximum penalty when there is no consent. The court sets the exact prison term and fine within the allowed limits. The provision applies even if the death was not expected, focusing only on the intent to cause miscarriage. Thus, the law sees the loss of life here as a serious crime, allowing the harshest penalty when consent is absent.
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 is the penalty for attempting to cause a miscarriage without causing death?
- How does lack of consent affect the punishment for causing a miscarriage?
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.