CaseMinister
CaseMinister › Sections › BNS › Section 90

BNS Section 90: Death caused by act done with intent to cause miscarriage

Section 90 of the Bharatiya Nyaya Sanhita, 2023 deals with death caused by act done with intent to cause miscarriage. It replaces IPC 314 of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 90(1) is cognizable and non-bailable; 90(2) is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
90(1)Death caused by an act done with intent to cause miscarriage.Imprisonment for 10 years and fine.CognizableNon-bailableCourt of Session
90(2)If act done without women's consent.Imprisonment for life, or as above.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 90

90. (1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.

Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.

IPC sections replaced

Ask CaseMinister about BNS 90

Get the judgments that apply this section, with the paragraph relied on in each and what later Benches said about it. Two answers free on WhatsApp, no signup.

Ask on WhatsAppStart free on the web
← BNS 89BNS 91 →