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

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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91. Whoever before the birth of any child does any act with the intention of thereby 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 of either description for a term which may extend to ten years, or with fine, or with both.

Study: explanations and related material

Replaces IPC 315. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

91Act done with intent to prevent a child being born alive, or to cause it to die after its birth.

Punishment
Imprisonment for 10 years, or fine, or both.
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.

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