BNS 91 : Act done with intent to prevent child being born alive or to cause it to die after birth .

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Introduction of BNS 91

BNS 91, also known as Section 91 BNS, has replaced the Indian Penal Code and introduced updated provisions to protect both mothers and children. Section 91 is a crucial part of this framework, as it deals with acts intended to prevent a child from being born alive or to cause the child’s death immediately after birth.

This section ensures that such intentional acts are treated as serious crimes, punishable with imprisonment of up to ten years and a fine. At the same time, the law recognizes the importance of saving the mother’s life, and therefore creates an exception when the act is done in good faith to protect the mother. By balancing strict punishment with necessary medical exceptions, Section 91 highlights India’s commitment to safeguarding both the unborn child and the mother’s well-being.

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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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Bare Act – Section 91 BNS

“Whoever, before the birth of any child, does any act with the intention thereby of preventing that child from being born alive, or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment for a term which may extend to ten years, or with fine, or with both.”

Detailed Explanation

1. “Whoever before the birth of any child…”
   • This means the law applies to any person, regardless of relation (parent, relative, stranger, or medical practitioner).
   • The act must take place before the child is born, i.e., during pregnancy.
2. “Does any act with the intention of thereby preventing that child from being born alive…”
   • The law focuses on the intention behind the act.
   • If someone intentionally does something to make sure the baby does not survive childbirth, it is punishable.
   • Example: Giving harmful drugs to a pregnant woman to ensure a stillbirth.
3. “Or causing it to die after its birth…”
   • This extends the law beyond pregnancy.
   • If the child is born alive but dies because of an intentional act, the offender is also guilty.
   • Example: Smothering or poisoning a newborn child right after delivery.
4. “And does by such act prevent that child from being born alive, or causes it to die after its birth…”
   • The act must actually produce a result:
     • Either the child is not born alive, or
     • The child is born alive but then dies due to the act.
   • It’s not just about planning or attempting — the harmful outcome must occur.
5. “Shall, if such act be not caused in good faith for the purpose of saving the life of the mother…”
   • This is the exception clause.
   • If the act was done in good faith (with honesty, without malicious intent) to save the mother’s life, it is not punishable.
   • Example: A doctor performs an emergency operation to save the mother. The procedure unintentionally results in the child’s death. This is not a crime.
6. “Be punished with imprisonment for a term which may extend to ten years, or with fine, or with both.”
   • The punishment is serious but flexible depending on the situation:
     • Up to 10 years imprisonment, or
     • A fine, or
     • Both imprisonment and fine.
   • The severity depends on the circumstances and intent proved in court.

Key Legal Features of Section 91

• Cognizable: Police can arrest without a warrant.
• Non-bailable: Bail is not automatically granted; it depends on court discretion.
• Triable by: Court of Sessions (higher criminal court).

Illustrations (Examples)

• Not an Offense (Good Faith):
  A doctor performs surgery to save a woman whose life is at risk during childbirth. The child does not survive. Since it was done in good faith, it is not a crime under Section 91.
• Offense Example (Before Birth):
  A man slips abortion pills into his wife’s food without her knowledge. The child is stillborn. He is guilty under Section 91.
• Offense Example (After Birth):
  A nurse deliberately suffocates a newborn right after delivery due to family pressure. This is punishable under Section 91.

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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 Quick Summary Table

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

Comparison with BNS 91 vs IPC Section 315.

Point	BNS Section 91	IPC Section 315
Offense	Prevent child being born alive or causing death	Same offense under old IPC
Punishment	Imprisonment up to 10 years, or fine, or both	Same
Exception	Good faith to save the mother’s life	Same
Continuity	Updated under BNS 2023	Old IPC provision replaced

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

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Conclusion

BNS Section 91 is a strict law that protects both unborn and newborn children. It criminalizes any act done with the intent to prevent a child from being born alive or to cause its death after birth, unless the act was done in good faith to save the mother’s life. With punishments extending up to ten years, the law sends a strong message that every life matters — both the mother’s and the child’s.

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BNS Section 91 FAQs

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