BNS Section 90 — Death caused by act done with intent to cause miscarriage

Summary

Sub-section (1) covers a person who, intending to cause a miscarriage in a pregnant woman, performs any act that results in that woman's death. Such a person is punishable with imprisonment of either kind for up to ten years, and also with a fine.

Sub-section (2) applies when the act described in sub-section (1) is done without the woman's consent. In that case, the punishment is either imprisonment for life, or the punishment specified in sub-section (1).

The explanation clarifies that for this offence, it is not necessary for the offender to know that the act is likely to cause death.

Official Text

(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) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.

Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2025) Vol.9 p.283 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §314 — Death caused by act done with intent to cause miscarriage