Bharatiya Nyaya Sanhita, 2023
Section 90 BNS: Death Caused by Act Done with Intent to Cause Miscarriage
Section 90 of the Bharatiya Nyaya Sanhita, 2023 deals with cases where an act done with intent to cause the miscarriage of a woman with child results in her death. The section also provides enhanced punishment where the act is done without the woman's consent.
Text of Section 90 BNS
90. Death caused by act done with intent to cause miscarriage.
(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.
What Section 90 BNS Means
Section 90 focuses on the consequence of death arising from an act intended to cause miscarriage. The central requirement is that the act must be done with intent to cause the miscarriage of a woman with child and that the act must in fact cause her death.
The Explanation is important because it expressly states that the offender need not know that the act is likely to cause death. Therefore, the section does not require proof of such knowledge as an additional element once the statutory ingredients are otherwise established.
Essential Ingredients of Section 90(1)
- The woman must be with child.
- The accused must do an act with intent to cause her miscarriage.
- The act must cause the death of the woman.
- Knowledge that the act is likely to cause death is not essential because of the statutory Explanation.
Punishment Under Section 90
| Situation | Punishment stated in Section 90 |
|---|---|
| Act done with intent to cause miscarriage and the act causes the woman's death | Imprisonment of either description up to ten years, and fine. |
| The same act is done without the woman's consent | Imprisonment for life, or the punishment specified in Section 90(1). |
Section 90(1) and Section 90(2): Key Difference
Subsection (1) contains the basic offence where death results from an act done with intent to cause miscarriage. Subsection (2) addresses the aggravated situation where the act referred to in subsection (1) is done without the woman's consent. In that situation, life imprisonment becomes an available punishment.
Relationship with Sections 88 and 89 BNS
Section 90 should be read with the immediately preceding miscarriage provisions. Section 88 BNS deals with causing miscarriage, while Section 89 BNS deals with causing miscarriage without the woman's consent. Section 90 addresses the more serious consequence where the act intended to cause miscarriage causes the woman's death.
Consent Under Section 90(2)
Consent is material to the enhanced punishment under subsection (2). Whether an act was done with or without the woman's consent is a factual and evidentiary question that depends on the circumstances of the case and applicable legal principles.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 90 in an individual case depends on the facts, evidence, procedural law and judicial interpretation.