BNS Section 90: Death caused by an act done with the intent to cause miscarriage
Bharatiya Nyaya Sanhita, 2023 · Chapter 5: Of Offences Against Woman and Child - Of sexual offences - Of criminal force and assault against woman - Of offences relating to marriage - Of causing miscarriage, etc. - Of offences against child
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¶90.
(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.
Study: explanations and related material
Replaces IPC 314. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)
Punishment, bail and trial
90(1)Death caused by an act done with intent to cause miscarriage.
- Punishment
- Imprisonment for 10 years and fine.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Court of Session
90(2)If act done without women's consent.
- Punishment
- Imprisonment for life, or as above.
- Cognizable or not
- Cognizable
- Bailable or not
- Non‑bailable
- Triable by
- Court of Session
Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 162. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 63. Rape
- 64. Punishment for rape
- 65. Punishment for rape in certain cases
- 66. Punishment for causing death or resulting in persistent vegetative state of victim
- 67. Sexual intercourse by husband upon his wife during separation
- 68. Sexual intercourse by a person in authority
- 69. Sexual intercourse by employing deceitful means, etc
- 70. Gang rape
- 71. Punishment for repeat offenders
- 72. Disclosure of identity of victim of certain offences, etc
- 73. Printing or publishing of any matter relating to Court proceedings without permission
- 74. Assault or use of criminal force to woman with intent to outrage her modesty
- 75. Sexual harassment
- 76. Assault or use of criminal force to woman with intent to disrobe
- 77. Voyeurism
- 78. Stalking
- 79. Word, gesture or act intended to insult modesty of a woman
- 80. Dowry death
- 81. Cohabitation caused by man deceitfully inducing belief of lawful marriage
- 82. Marrying again during the lifetime of husband or wife
- 83. Marriage ceremony fraudulently gone through without lawful marriage
- 84. Enticing or taking away or detaining with criminal intent a married woman
- 85. Husband or relative of the husband of a woman subjecting her to cruelty
- 86. Cruelty defined
- 87. Kidnapping, abducting, or inducing a woman to compel her marriage, etc
- 88. Causing miscarriage
- 89. Causing miscarriage without woman’s consent
- 91. Act done with intent to prevent a child being born alive or to cause to die after birth
- 92. Causing the death of a quick unborn child by an act amounting to culpable homicide
- 93. Exposure and abandonment of a child under twelve years of age, by parent or person having care of it
- 94. Concealment of birth by secret disposal of a dead body
- 95. Hiring, employing, or engaging a child to commit an offence
- 96. Procuration of a child
- 97. Kidnapping or abducting a child under ten years of age with the intent to steal from its person
- 98. Selling a child for purposes of prostitution, etc
- 99. Buying a child for purposes of prostitution, etc