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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BNS Section 90 in Simple Points

Causing Death by Miscarriage Attempt: If someone tries to cause a miscarriage and the woman dies, it is a very serious crime.

Harsher Penalties Without Consent: If the woman did not agree to the act, the person responsible could face life imprisonment.

Police Can Arrest Without Warrant: The police can arrest someone accused under this section without needing a court order.

Hard to Get Bail: It is difficult for the accused to get bail because this crime is considered very serious.

Tried in Higher Court: Cases under this section are handled by a higher court, the Court of Sessions.

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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: This section applies when someone intends to cause a miscarriage in a pregnant woman. The law focuses on the intent behind the act, regardless of whether the offender knew it could cause death.
2. Death of the Woman: If the act results in the death of the woman, it becomes a very serious crime under this section. The death caused by such an act significantly increases the severity of the punishment.
3. Without Consent: The punishment becomes much harsher if the act is done without the woman’s consent. In such cases, the offender could face life imprisonment.
4. Imprisonment: The law prescribes imprisonment of up to ten years for those found guilty. If the act was done without the woman’s consent, the punishment could be life imprisonment.
5. Fine: In addition to imprisonment, the court may also impose a fine on the offender. This fine is intended as an additional penalty for the seriousness of the crime.
6. Cognizable Offense: The offense is cognizable, meaning the police have the authority to arrest the offender without a warrant. This reflects the seriousness with which the law treats this crime.
7. Non-Bailable: The offense under BNS Section 90 is non-bailable. This means that it is very difficult for the accused to obtain bail while awaiting trial.
8. Tried by Court of Sessions: Cases under this section are tried in a higher court, specifically the Court of Sessions. This is because the crime is considered to be of a serious nature.
9. Explanation Clause: The section includes an explanation stating that it is not necessary for the offender to know that the act would likely cause death. The focus is on the intent to cause a miscarriage.
10. Serious Legal Consequences: BNS Section 90 imposes severe legal consequences to protect pregnant women from harmful acts that could endanger their lives.

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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Bare Act – 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.”

Detailed Explanation in Simple Language

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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Difference Between Section 89 and Section 90

Aspect	Section 89	Section 90
Main offense	Causing miscarriage without consent	Causing death while attempting miscarriage
Consent role	Lack of consent is punishable	With consent: 10 yrs; Without consent: life
Maximum punishment	Life imprisonment / 10 yrs + fine	Life imprisonment (in non-consent cases)
Severity	Serious crime	More serious because it involves death

Key Takeaways

• Section 90 applies when the pregnant woman dies as a result of an attempt to cause miscarriage.
• Punishment is stricter if the act was without her consent.
• The offender’s intention to cause miscarriage is enough, even if they did not intend to cause death.
• The law aims to protect both women’s lives and their right to consent.

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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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Conclusion

BNS Section 90 underscores the law’s protective purpose—making it abundantly clear that attempts causing a woman’s death, especially without her consent, are among the gravest crimes. This provision cements a legal shield around a woman’s life and rights during pregnancy.

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BNS Section 90 FAQs

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