Criminal LawSection 90, Bharatiya Nyaya Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View source

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