91. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
BNS Section 91: Act done with intent to prevent child being born alive or to cause to die after birth
Section 91 of the Bharatiya Nyaya Sanhita, 2023 deals with act done with intent to prevent child being born alive or to cause to die after birth. It replaces IPC 315 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 91 is cognizable and non-bailable.
Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 91 | Act done with intent to prevent a child being born alive, or to cause it to die after its birth. | Imprisonment for 10 years, or fine, or both. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 91
IPC sections replaced
- IPC 315: Act done with intent to prevent child being born alive or to cause it to die after birth
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