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 Section 314 in BNS: Section 90
Death caused by act done with intent to cause miscarriage
Section 314 of the Indian Penal Code, 1860 (Death caused by act done with intent to cause miscarriage) corresponds to Section 90 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 90(1) is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for 10 years and fine.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 90
Full BNS Section 90 and every IPC section it replaced →
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