BNS Section 92 — Causing death of quick unborn child by act amounting to culpable homicide

CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD — Of causing miscarriage, etc.

Criminal

Summary

Whoever performs an act under circumstances where, if it had caused a person's death, the act would amount to culpable homicide, and that act instead causes the death of a quick unborn child (a child that has moved in the womb), is punishable with imprisonment of either description for up to ten years, and is also liable to a fine.

The illustration clarifies this: A, knowing he is likely to cause the death of a pregnant woman, does an act that would amount to culpable homicide if it killed the woman. The woman is injured but survives, yet the act causes the death of her unborn quick child. A is guilty of the offence defined in this section.

Official Text

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

Related Judgments

  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • .. . Appellants/A1 and A2 vs Inspector of Police, — Madras High Court (2003)
  • CRL A/827/2008 — Madras High Court (2008)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2024) Vol.2 p.989 — Supreme Court of India (2024)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • https://hcservices.ecourts.gov.in/hcservices/ vs The Inspector of Police, — Madras High Court (2004)

Old <-> New Code Mapping

  • IPC §316 — Causing death of quick unborn child by act amounting to culpable homicide