Code: Section 90 BNS
(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.
Explanation of Section 90 BNS
Section 90 of the Bharatiya Nyaya Sanhita, 2023 deals with cases where a woman’s death is caused due to an act intended to induce a miscarriage. This section establishes strict legal consequences for such actions, ensuring that offenders are held accountable.
Key Elements of Section 90 BNS
- Intent to Cause Miscarriage – The offender must have performed an act with the intention of causing a miscarriage.
- Death of the Woman – The act must have directly resulted in the woman’s death.
- Punishment –
- If the woman consented: Up to 10 years of imprisonment and a fine.
- If the woman did not consent: Life imprisonment or up to 10 years of imprisonment and a fine.
- Knowledge of Consequence Not Required – The law explicitly states that the offender does not need to be aware that the act could cause death for liability to arise.
Illustrations of Section 90 BNS
Example 1: A Doctor Performing an Illegal Abortion
A doctor, without proper authorization, performs an unsafe abortion that leads to the woman’s death. Since the doctor intended to cause a miscarriage, he is liable under Section 90(1) BNS and could face up to 10 years in prison.
Example 2: Non-Consensual Act Leading to Death
A person forcibly administers an abortion pill to a woman without her knowledge, leading to her death. Since the act was done without her consent, the offender faces life imprisonment under Section 90(2) BNS.
Example 3: Unintentional Consequences
A traditional healer gives a herbal concoction to a pregnant woman to induce a miscarriage. The woman consumes it and dies. Even though the healer did not foresee her death, they are still guilty under Section 90 BNS because intent to cause a miscarriage was present.
Common Questions and Answers on Section 90 BNS
1. What is the difference between consensual and non-consensual miscarriage under Section 90 BNS?
- If the woman consented, the punishment is up to 10 years of imprisonment and a fine.
- If the woman did not consent, the punishment is life imprisonment or the punishment in sub-section (1).
2. Does the offender need to know that the act could result in death?
No, as per the explanation in Section 90, it is not essential for the offender to have knowledge that their act might cause death.
3. Can a medical professional be charged under Section 90 BNS?
Yes, if a medical professional performs an illegal abortion that results in the woman’s death, they can be prosecuted under this section. However, lawful medical procedures performed under the Medical Termination of Pregnancy Act, 1971, are exempt.
4. What happens if a woman voluntarily undergoes an unsafe abortion and dies?
If the woman consented but died due to an unsafe procedure, the person who performed the procedure can still be punished with up to 10 years of imprisonment and a fine.
5. Is there any exception for good faith medical procedures?
Yes. If the procedure was performed legally and in good faith under medical supervision, it does not attract punishment under Section 90 BNS.
Conclusion
Section 90 BNS plays a crucial role in protecting pregnant women from unsafe and illegal miscarriage attempts. It ensures strict punishment for those who cause the death of a woman while attempting to induce a miscarriage, whether with or without her consent.
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