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" (i.e., a fetus capable of independent life) through an act that would amount to culpable homicide if it resulted in the death of the mother. This provision underscores the legal recognition of the fetus as a potential victim in cases of violent acts against pregnant women.
📜 Section 92 — Causing Death of Quick Unborn Child by Act Amounting to Culpable Homicide
Text of Section 92:
Whoever does any act under such circumstances that, if he thereby caused death, he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Illustration:
A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured but does not die; however, the death of the unborn quick child with which she is pregnant is thereby caused. A is guilty of the offense defined in this section
⚖️ Legal Context and Comparison with IPC
Section 92 of the BNS, 2023, corresponds to Section 316 of the Indian Penal Code (IPC), 1860, which similarly penalizes acts causing the death of a quick unborn child under circumstances amounting to culpable homicide. Both provisions aim to protect the fetus from harm resulting from violent acts directed at the mother.
🧭 Illustrative Example
Scenario: A person intentionally injures a pregnant woman, causing the death of her unborn child, but the woman survives.
Application of Section 92:
The act, if it had resulted in the woman's death, would have amounted to culpable homicide.
Since the unborn child died as a direct result of the act, the perpetrator is guilty under Section 92.
Punishment:
Imprisonment for a term that may extend to ten years.
Liability to a fine.
Section 92 reflects the legal principle that acts of violence causing harm to a pregnant woman, resulting in the death of her fetus, are subject to serious legal consequences, thereby reinforcing the protection of both the mother and the unborn child under the law.
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