Criminal LawSection 91, Bharatiya Nyaya Sanhita, 2023

BNS Section 91

What is the punishment for intentionally preventing a child from being born alive?

Short answer

The offence can lead to up to ten years imprisonment, a fine, or both.

In detail

The law says that if a person, before a child is born, does something with the purpose of stopping the child from being born alive or causing the child to die after birth, and that act actually prevents the birth or causes death, the person is guilty. This applies only when the act is not done in good faith to save the mother's life. The punishment for such a guilty act may be imprisonment for a term that can go up to ten years, a monetary fine, or both penalties together. The provision does not limit the type of act, only that it must be intentional and result in the child not being born alive or dying after birth, and it must not be a life‑saving measure for the mother.

Reviewed by LegalX Editorial · 3 September 2026View source

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