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.
IPC Section 315 in BNS: Section 91
Act done with intent to prevent child being born alive or to cause it to die after birth
Section 315 of the Indian Penal Code, 1860 (Act done with intent to prevent child being born alive or to cause it to die after birth) corresponds to Section 91 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 91 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for 10 years, or fine, or both.
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.
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 91
Full BNS Section 91 and every IPC section it replaced →
Ask CaseMinister about IPC 315 / BNS 91
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.