Bharatiya Nyaya Sanhita, 2023

Chapter 05 Offences Against Woman And Children

Section 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.

BNSS Classification

  • 90(1) – Imprisonment for 10 years and fine.
  • 90(2) – Imprisonment for life, or as above.
  • Non-cognizable
  • Non-bailable
  • Triable by Court of Session


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