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.
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.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 90(1) | Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine. | Cognizable | Non-bailable | Court of Session |
| 90(2) | If act done without women's consent. | Imprisonment for life, or as above. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 90
IPC sections replaced
- IPC 314: Death caused by act done with intent to cause miscarriage
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