BNS Section 92

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Introduction of Section 92 BNS

BNS Section 92 focuses on situations where an act is committed that leads to the death of an unborn child, under circumstances that would amount to culpable homicide if the mother had died. This section aims to protect the life of an unborn child, especially in cases where someone knowingly engages in actions that could result in such a tragic outcome.

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The Bharatiya Nyaya Sanhita (BNS) Section 92 replaces the old Indian Penal Code (IPC) Section 316.

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What is BNS Section 92?

BNS Section 92 is a law that punishes anyone who causes the death of an unborn child, which could survive outside the womb, through actions that would be considered culpable homicide if they caused the death of an adult. The punishment includes imprisonment for up to ten years and a fine.

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BNS Section 92 in Simple Points

1. Focus on Unborn Child’s Protection: The law is designed to protect unborn children who are developed enough to survive outside the womb.
2. Serious Consequences: Causing the death of such an unborn child can lead to serious punishment, including up to 10 years in prison.
3. Immediate Police Action: The police can arrest someone accused under this section without needing a court’s permission (cognizable offense).
4. No Easy Bail: It’s difficult for someone accused under this section to get bail, meaning they are likely to stay in custody until the trial is over.
5. Tried in Higher Court: The case will be heard in a higher court, known as the Court of Sessions, which deals with serious crimes.

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Section 92 BNS Overview

BNS Section 92 is a law that punishes anyone who causes the death of an unborn child, which could survive outside the womb, through actions that would be considered culpable homicide if they caused the death of an adult. The punishment includes imprisonment for up to ten years and a fine.

BNS Section 92: 10 Key Points

1. Protection of the Unborn Child: BNS Section 92 specifically protects unborn children who have reached a stage in their development where they could survive outside the womb. This law recognizes the importance of protecting life even before birth.
2. Acts Leading to Culpable Homicide: If a person’s actions could be considered culpable homicide (unlawful killing) if they resulted in the death of an adult, and those same actions cause the death of an unborn child, the person is held accountable under this section.
3. Severe Penalties: The law imposes severe penalties for causing the death of a quick unborn child. This includes imprisonment for up to ten years, reflecting the gravity of the offense.
4. Liability for Fine: In addition to imprisonment, offenders may also face a financial penalty, or fine, which further emphasizes the seriousness of the crime.
5. Cognizable Offense: A cognizable offense means that the police have the authority to arrest the accused without a warrant. This indicates that the crime is treated with urgency and seriousness.
6. Non-Bailable Offense: Being a non-bailable offense means that the accused cannot easily secure bail, and is likely to remain in custody throughout the trial process. This is due to the severity of the crime.
7. Triable by Court of Sessions: Cases under this section are heard in the Court of Sessions, a higher court that handles serious criminal matters. This ensures that the case is given the appropriate legal attention.
8. Illustration of the Offense: The law provides an example to explain the offense. For instance, if a person knows that their actions are likely to cause the death of a pregnant woman and proceeds anyway, resulting in the death of the unborn child, they are guilty under this section.
9. Intent is Crucial: The section specifically targets actions done with the knowledge or intent that they could cause death. Even if the offender does not know that their actions will lead to the death of an unborn child, they are still responsible if it happens.
10. Not Just About the Woman’s Life: The law emphasizes that even if the act does not result in the death of the pregnant woman, but leads to the death of her unborn child, the offender is still punishable under this section.

Example 1: If a person deliberately causes an accident knowing that a pregnant woman is in the vehicle and this act results in the death of her unborn child, they could be charged under BNS Section 92.

Example 2: If a person assaults a pregnant woman, knowing that their actions could harm her unborn child, and the child dies as a result, this would also fall under this section.

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BNS 92 Punishment

Imprisonment: A person found guilty under BNS Section 92 can be sentenced to imprisonment for up to ten years.

Fine: In addition to imprisonment, the person may also be required to pay a fine, reflecting the seriousness of the crime.

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BNS 92 bailable or not ?

BNS Section 92 is a non-bailable offense, meaning that obtaining bail is difficult, and the accused is likely to remain in custody during the trial.

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Bharatiya Nyaya Sanhita Section 92

Section	Offense	Punishment	Bailable or Not	Triable By
BNS 92	Causing death of a quick unborn child by an act amounting to culpable homicide	Imprisonment up to 10 years and fine	Non-bailable	Court of Sessions

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BNS Section 92 FAQs

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