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.
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
- Is there an exception if the act is done to protect the mother's life?
- What is the maximum imprisonment for causing the death of a newborn?
- Can a fine be imposed instead of jail 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.