Section 92 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 92 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offense of causing the death of a "quick" unborn child through an act that would amount to culpable homicide if it had resulted in the death of a living person.
Key Provisions of Section 92
Offense Description: This section criminalizes any act that, under circumstances where causing death would constitute culpable homicide, results in the death of a quick unborn child.
Punishment: The offender shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Definition of "Quick Unborn Child"
A "quick" unborn child refers to a fetus that has reached the stage of pregnancy where movements can be felt by the mother, typically occurring around the 16th to 20th week. This stage marks a more advanced development of the fetus.
Illustration
A person knowingly performs an act likely to cause the death of a pregnant woman. The woman survives, but the act causes the death of the unborn child that has reached the stage of quickening. In this case, the person would be guilty under Section 92.
Purpose and Protection
The primary aim of this provision is to protect the life of the unborn child who has reached an advanced stage of development. It ensures that individuals who cause harm to a quick unborn child through acts amounting to culpable homicide are held accountable, reflecting the seriousness of such offenses
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