BNS 90

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Introduction of BNS 90

BNS 90 addresses situations where someone intentionally tries to cause a miscarriage and ends up causing the death of the pregnant woman. This law is designed to punish such acts severely, especially when done without the woman’s consent.

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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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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

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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