Bharatiya Nyaya Sanhita, 2023
Section 91 BNS: Act Done with Intent to Prevent Child Being Born Alive or to Cause Death After Birth
Section 91 of the Bharatiya Nyaya Sanhita, 2023 deals with an act done before the birth of a child with the intention of preventing the child from being born alive or causing the child to die after birth, where the intended consequence is actually caused.
Text of Section 91 BNS
91. Act done with intent to prevent child being born alive or to cause to die after birth. 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.
What Section 91 BNS Means
Section 91 applies to conduct occurring before the birth of a child. The provision requires a specific intention: the act must be done with the intention of preventing the child from being born alive or causing the child to die after birth. It further requires that the act actually prevents the child from being born alive or causes the child to die after birth.
Essential Ingredients of Section 91
- The act must be done before the birth of the child.
- The act must be done with the intention of preventing the child from being born alive or causing the child to die after birth.
- The act must actually prevent the child from being born alive or cause the child to die after birth.
- The statutory exception must not apply.
Good-Faith Exception
Section 91 itself contains an express exception. The punishment does not apply where the act is caused in good faith for the purpose of saving the life of the mother. Whether the exception applies in an individual case depends on the facts, evidence and applicable legal principles governing good faith.
Punishment Under Section 91 BNS
| Offence | Punishment stated in Section 91 |
|---|---|
| Act before birth intended to prevent the child being born alive or to cause death after birth, where the intended consequence occurs and the statutory good-faith exception does not apply | Imprisonment of either description up to ten years, or fine, or both. |
Section 91 and Related BNS Provisions
Section 91 is positioned after the miscarriage-related provisions and before Section 92. Section 90 BNS deals with death caused by an act done with intent to cause miscarriage, while Section 92 BNS deals with causing the death of a quick unborn child by an act amounting to culpable homicide.
Difference Between Section 91 and Section 92 BNS
| Provision | Main focus |
|---|---|
| Section 91 | An act done before birth with intent to prevent the child being born alive or to cause the child to die after birth, and the intended consequence occurs. |
| Section 92 | Death of a quick unborn child caused by an act done under circumstances that would amount to culpable homicide if death were caused. |
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 91 in a particular matter depends on the facts, evidence, procedural law and judicial interpretation.