BNS 90 : Death caused by act done with intent to cause miscarriage

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Introduction of BNS 90

The Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code (IPC) and brought several new provisions to strengthen women’s protection and autonomy. Among these, Section 90 deals with cases where an act intended to cause a miscarriage ends in the death of the pregnant woman.

This section is important because it recognizes that miscarriage attempts can not only threaten the unborn child but also place the woman’s life at grave risk. The law makes a clear difference between situations done with the woman’s consent and those done without her consent. If the act is carried out with her permission and leads to her death, the punishment may extend to ten years of imprisonment along with a fine. But if it is done without her approval, the punishment is far stricter, including the possibility of life imprisonment.

By enacting this provision, the BNS ensures that women’s consent and right to life remain central to reproductive decisions, and that unsafe or forced abortions resulting in death are treated as one of the most serious crimes under Indian law.

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What is Section 90 of BNS ?

BNS Section 90 focuses on punishing those who, with the intent to cause a miscarriage, cause the death of a pregnant woman. The punishment is harsher if the act is done without the woman’s consent, potentially leading to life imprisonment.

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Section 90 BNS Overview

BNS Section 90 deals with cases where someone tries to cause a miscarriage, but in doing so, causes the death of the pregnant woman. The law imposes strict penalties, especially if the act is done without the woman’s consent.

BNS Section 90: 10 Key Points Explained

1. Intent to Cause Miscarriage

The main focus of BNS Section 90 is on the intention of the act. If someone knowingly and deliberately tries to cause a miscarriage in a pregnant woman, this section applies. It does not matter whether the person fully understood the risks or not; what matters is that they intended to end the pregnancy. For example, giving harmful medicines or carrying out an unsafe procedure to end a pregnancy falls under this law.

2. Death of the Woman

If the miscarriage attempt leads to the death of the pregnant woman, the crime becomes much more serious. The law treats the loss of a woman’s life as a grave consequence, making the punishment harsher. This ensures that offenders are not only punished for causing miscarriage but also for the fatal outcome of their actions.

3. Without Consent Makes It Worse

Consent is a very important part of this section. If the woman has not given her permission for the miscarriage and someone still causes it, the crime becomes far more serious. In such cases, if the woman dies, the punishment can go up to life imprisonment. This protects a woman’s right to her body and her choices.

4. Imprisonment Up to 10 Years

If miscarriage is caused with the woman’s consent, but it still results in her death, the punishment can be up to 10 years of imprisonment. This shows that even when the woman agreed, the law still holds the offender responsible for her death, because the act was dangerous and unlawful.

5. Life Imprisonment for No Consent

When the miscarriage is caused without the woman’s consent and leads to her death, the offender can be punished with life imprisonment. This is the highest punishment under this section. It reflects the seriousness of violating a woman’s rights and causing her death in such a cruel manner.

6. Fine Along with Jail Term

The law also provides for a fine in addition to imprisonment. This means the guilty person not only faces jail time but also a financial penalty. The purpose of the fine is to increase the severity of punishment and provide an additional burden on the offender for their wrongful act.

7. Cognizable Offense

BNS Section 90 is a cognizable offense, which means the police can arrest the accused without needing a warrant. This makes it easier for the authorities to take immediate action and prevent the accused from escaping justice. It also shows the seriousness of this crime in the eyes of the law.

8. Non-Bailable Offense

The offense is non-bailable, which means the accused cannot simply apply for bail and walk free. They must go before a judge, who will carefully review the case before deciding whether bail can be granted. This rule ensures that offenders in such serious crimes remain in custody while the case is investigated.

9. Tried by Court of Sessions

Since this is a serious offense involving the possible death of a woman, it is not handled by a regular magistrate’s court. Instead, it is tried in the Court of Sessions, which deals with major crimes like murder, rape, and serious assaults. This ensures that the case is handled by senior judges with the power to give appropriate punishments.

10. Explanation Clause – Knowledge of Death Not Needed

The law clearly explains that it is not necessary for the accused to know that their act would cause death. The focus is on their intention to cause miscarriage. If death happens as a result, they are fully responsible, even if they didn’t expect it. For example, if someone gave a medicine thinking it would only cause miscarriage but it led to death, they are still guilty under this section.

Examples:

1. Example 1: A person gives a pregnant woman harmful substances to induce a miscarriage, but the woman dies as a result. The person could face up to ten years in prison or life imprisonment if the act was done without her consent.
2. Example 2: A doctor performs an illegal abortion without the woman’s consent, leading to her death. The doctor could be sentenced to life imprisonment under this section.

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Section 90 BNS Punishment

Imprisonment: The offender can be sentenced to up to ten years in prison. If the act was done without the woman’s consent, the punishment could be life imprisonment.

Fine: In addition to imprisonment, the offender may also be required to pay a fine.

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BNS Section 90 – Death Caused by Act Done with Intent to Cause Miscarriage

1. Sub-section (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. Sub-section (2):
   “Where the act referred to in sub-section (1) is done without the consent of the woman, the offender shall be punishable with imprisonment for life, or with the punishment specified in that sub-section.”
3. Explanation:
   “It is not essential to this offence that the offender knew that the act was likely to cause death.”

1. Who can be punished?

• The section applies to any person who tries to cause a miscarriage.
• It does not matter whether that person is a doctor, a husband, a family member, or a stranger.

2. Key element – Intent to cause miscarriage

• The law punishes people who intentionally attempt to terminate a pregnancy.
• It does not matter whether the act was violent (like an assault), medical (unsafe abortion), or by giving harmful substances (poison or pills).

3. If the woman dies because of the act

• The offense becomes much more serious when the pregnant woman dies due to the attempt.
• Example: A woman is given unsafe abortion pills without medical supervision → she dies due to complications → the accused is liable under Section 90.

4. Punishment when consent is present

• If the woman herself had consented to the abortion, but she dies because of the act, the punishment is:
  • Up to 10 years imprisonment, and
  • Fine
• This is still a crime, because the law protects human life, even if the woman agreed to the procedure.

5. Punishment when consent is absent

• If the act was done without the woman’s consent and it led to her death, the punishment is:
  • Imprisonment for life, or
  • Up to 10 years imprisonment + fine
• The law treats this as extremely grave because it violates two rights at once:
  1. The right to life of the unborn child, and
  2. The right to life and autonomy of the mother.

6. Knowledge of death not required

• The offender does not need to know that their act could cause death.
• Even if they only intended to cause miscarriage (not death), they are still guilty if the woman dies.
• Example: If someone gave an herbal mixture to cause miscarriage, believing it was safe, but it caused the woman’s death → the offender is still liable.

7. Legal Nature of the Offense

• Cognizable: Police can arrest without a warrant.
• Non-bailable: Bail is not a right; it is granted only by the discretion of the court.
• Triable by: Court of Session (a higher criminal court).

Illustrations (Examples)

1. With Consent Case:
   A woman agrees to an abortion at an unauthorized clinic. Due to negligence, she dies. The doctor is liable under Section 90(1) — up to 10 years imprisonment + fine.
2. Without Consent Case:
   A husband secretly arranges for his wife’s pregnancy to be terminated against her wishes. The procedure causes her death. He is liable under Section 90(2) — life imprisonment.

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Comparison: BNS Section 90 vs IPC Section 314

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BNS 90 bailable or not ?

BNS Section 90 is non-bailable. This means that someone accused under this section cannot easily be released on bail due to the severity of the crime.

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Bharatiya Nyaya Sanhita Section 90

Section	Offense	Definition	Punishment	Bailable or Not	Triable By
BNS Section 90	Death caused by an act done with intent to cause miscarriage	Act of trying to cause a miscarriage that results in the death of the woman, especially without her consent	Imprisonment up to 10 years or life imprisonment, and fine	Non-bailable	Court of Sessions

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The Bharatiya Nyaya Sanhita (BNS) Section 90 replaces the old Indian Penal Code (IPC) Section 314.

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BNS Section 90 FAQs

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Conclusion

BNS Section 90 stands as one of the strongest safeguards in Indian criminal law, protecting women from unsafe or forced miscarriage attempts that result in death. By imposing punishments as harsh as life imprisonment, the law ensures that women’s lives and rights remain central to reproductive decisions. It also highlights that consent is non-negotiable, and any violation leading to a woman’s death will be treated as one of the gravest crimes under Indian law.

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Finished with BNS 90 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.

• BNS 91 : Act done with intent to prevent child being born alive or to cause it to die after birth .
• https://marriagesolution.in/bns_section/bns-91/
• BNS Section 92 : Causing death of quick unborn child by act amounting to culpable homicide .
• https://marriagesolution.in/bns_section/bns-section-92/

Of Offences Against Child

• Section 93 BNS : Exposure and abandonment of child under twelve years, by parent or person having care of it
• https://marriagesolution.in/bns_section/section-93-bns/
• BNS 94 : Concealment of birth by secret disposal of dead body .
• https://marriagesolution.in/bns_section/bns-94/
• Section 95 BNS : Hiring, employing or engaging a child to commit an offence .
• https://marriagesolution.in/bns_section/section-95-bns/

Full IPC Section List: https://marriagesolution.in/ipc-section-list

All Indian Law & Blogs: https://marriagesolution.in/indian-law/

Full BNSS Section List: https://marriagesolution.in/bnss_section-list

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