Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of causing the death of a woman with child through acts intended to induce miscarriage. This provision is largely analogous to Section 314 of the Indian Penal Code (IPC), 1860.
Key Provisions of Section 90 – Death Caused by Act Done with Intent to Cause Miscarriage
Subsection (1): Death Caused by Intentional Act
This subsection stipulates that if a person, with the intent to cause the miscarriage of a woman with child, performs any act that results in her death, they shall be punished with:
Imprisonment of either description for a term which may extend to ten years.
Subsection (2): Death Caused by Non-Consensual Act
If the act referred to in subsection (1) is done without the woman's consent, the offender shall be punishable with:
Imprisonment for life, or
The punishment specified in subsection (1)
Explanation
It is not essential to this offence that the offender should know that the act is likely to cause death
Illustrations
Example 1:
A doctor performs an abortion on a pregnant woman without her consent, and the procedure leads to her death. Under Section 90(2) of the BNS, 2023, the doctor could be punished with imprisonment for life or the punishment specified in subsection (1).
Example 2:
A person administers a substance to a pregnant woman intending to cause a miscarriage, and the woman dies as a result. Even if the person did not intend to cause death, they could be punished under subsection (1) with imprisonment for up to ten years and a fine.
Example 3:
A traditional healer gives a pregnant woman a herbal concoction to induce a miscarriage, and the woman dies. The healer could be punished under subsection (1) with imprisonment for up to ten years and a fine, regardless of whether they knew the act would likely cause death.
Legal Context
Section 90 of the BNS, 2023, is part of Chapter V, which deals with offences against women and children. The section aims to deter and penalize acts that cause the death of a woman through intentional or non-consensual attempts to induce miscarriage. By aligning with the IPC's Section 314, it ensures consistency in the legal framework addressing such offences.\
RELATED Blog
0 comments