BNS 91

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Introduction of BNS 91

BNS Section 91 addresses serious actions taken 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. The law imposes strict penalties for such actions unless they are done in good faith to save the life of the mother.

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What is BNS Section 91 ?

Section 91 of the BNS focuses on punishing individuals who intentionally act to prevent a child from being born alive or to cause the child’s death after birth. This law applies to actions taken before the child is born and imposes severe penalties, including imprisonment, for such acts.

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BNS Section 91 in Simple Points

1. Preventing Birth or Causing Death: This law applies when someone tries to stop a baby from being born alive or causes the baby to die after birth.
2. Punishment Includes Jail Time: If found guilty, the person can go to jail for up to ten years.
3. Fines Can Be Added: Besides jail time, the person may also have to pay a fine.
4. No Need for Proof of Knowledge: It doesn’t matter if the person knew their actions could cause death; the intent is enough.
5. No Bail Allowed: The accused cannot easily get bail because the crime is very serious.

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Section 91 BNS Overview

BNS Section 91 is a law that punishes anyone who tries to stop a baby from being born alive or causes the baby to die after birth. If someone does this, they can be sent to jail for up to ten years, or even for life if the act is done without the mother’s consent, and they may also have to pay a fine. This law is meant to protect both unborn and newborn children.

BNS Section 91: 10 Key Points Explained in Detail

1. Intent to Prevent Birth or Cause Death: This section applies when someone intentionally does something before the birth of a child with the goal of either preventing the child from being born alive or causing the child to die after birth. For example, if a person administers harmful substances to a pregnant woman intending to harm the unborn child, it would fall under this section.
2. Action Must Occur Before Birth: The law specifically targets actions taken before the child is born. Any harmful act performed during pregnancy, aimed at preventing a live birth, is punishable under this section.
3. Punishment Includes Imprisonment: If found guilty, the person can be sentenced to up to ten years in prison. This is a severe punishment to deter such harmful actions.
4. Fines Can Also Be Imposed: In addition to imprisonment, the offender may also be required to pay a fine. This serves as an additional penalty to reinforce the seriousness of the crime.
5. Acts Without Good Faith: If the act is not done in good faith (for example, to save the mother’s life), it is considered a crime. An act done with any other intention, such as causing harm or out of malice, will lead to punishment.
6. Higher Penalty for Non-Consent: If the action is taken without the woman’s consent, the punishment can be even more severe, including imprisonment for life. This underlines the importance of consent and the protection of the woman’s rights.
7. Cognizable Offense: The offense is cognizable, meaning the police can arrest the accused without a warrant. This ensures that the authorities can take quick action in such serious cases.
8. Non-Bailable Offense: The offense is non-bailable, making it difficult for the accused to obtain bail. This reflects the gravity of the crime and the need to keep the accused in custody during the trial.
9. Tried by Court of Sessions: Cases under this section are tried in the Court of Sessions, which is a higher court that deals with more serious offenses. This ensures that the case is handled by experienced judges.
10. No Need to Prove Knowledge of Consequences: The law does not require proof that the offender knew their actions could lead to death. The intent to prevent birth or cause death is enough to convict the person.

Examples:

1. A person secretly administers harmful drugs to a pregnant woman, intending to cause the unborn child to die. The woman is unaware of the act, and the child dies shortly after birth. The person could be charged under BNS Section 91.
2. A midwife, without the mother’s consent, performs a procedure during childbirth that results in the child’s death. The midwife could face life imprisonment under this section.

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BNS 91 Punishment

Imprisonment: The person can be sentenced to imprisonment for up to ten years if found guilty.

Fine: Along with imprisonment, the offender may also have to pay a fine.

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BNS 91 bailable or not ?

The offense under BNS Section 91 is non-bailable. This means it is very difficult for the accused to obtain bail, given the seriousness of the crime.

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Bharatiya Nyaya Sanhita Section 91

Section	Offense	Definition	Punishment	Bailable/Non-Bailable	Court
BNS 91	Act done with intent to prevent a child being born alive, or to cause it to die after its birth	Actions taken before birth to prevent the child from being born alive or to cause death after birth	Imprisonment up to 10 years, and fine	Non-Bailable	Court of Sessions

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The Bharatiya Nyaya Sanhita (BNS) Section 91 replaces the old Indian Penal Code (IPC) Section 315.

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BNS Section 91 FAQs

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