Code: Section 91 BNS
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.
Explanation of Section 91 BNS
Section 91 of the Bharatiya Nyaya Sanhita, 2023, criminalizes any action intended to either:
- Prevent a child from being born alive, or
- Cause the death of a child after birth.
Key Elements of Section 91 BNS
- Intent – The offender must have intended to prevent a child’s birth or cause its death after birth.
- Action Taken Before Birth – The act must have been performed before the child’s birth.
- Result of the Act – The act must either:
- Prevent the child from being born alive, or
- Cause the child’s death after birth.
- Exception for Good Faith Actions – If the act was done in good faith to save the mother’s life, it is not punishable.
- Punishment – The offender may face:
- Up to 10 years of imprisonment, or
- A fine, or both.
Illustrations of Section 91 BNS
Example 1: Forced Abortion Leading to Stillbirth
A person administers a substance to a pregnant woman intending to ensure the baby is not born alive. If the baby is stillborn as a result, the person is guilty under Section 91 BNS and can face up to 10 years of imprisonment.
Example 2: Killing an Infant After Birth
A person, fearing social stigma, suffocates a newborn immediately after birth. This act is punishable under Section 91 BNS with imprisonment of up to 10 years.
Example 3: Medical Exception – Saving the Mother’s Life
A doctor performs an emergency procedure to terminate a pregnancy in order to save the mother’s life. Since the act was done in good faith, it does not fall under Section 91 BNS and is legally protected.
Common Questions and Answers on Section 91 BNS
1. What is the primary intent behind Section 91 BNS?
This section is designed to protect the life of an unborn or newborn child from any deliberate act aimed at preventing its birth or causing its death after birth.
2. What is the punishment for violating Section 91 BNS?
The offender can be imprisoned for up to 10 years, fined, or both.
3. Does this section apply to abortions?
Yes, but only if the abortion was done with the intent to prevent a child from being born alive and was not for the purpose of saving the mother’s life. Lawful medical terminations under the Medical Termination of Pregnancy Act, 1971 are not covered by this section.
4. What if a child dies due to medical negligence after birth?
If the child’s death occurs due to medical negligence rather than intentional action, it would not fall under Section 91 BNS but might be prosecuted under medical negligence laws.
5. Is there a difference between this and Section 90 BNS?
Yes.
- Section 90 BNS deals with acts causing miscarriage leading to a woman’s death.
- Section 91 BNS focuses on acts before birth that prevent birth or cause death after birth.
Conclusion
Section 91 BNS plays a vital role in safeguarding the rights of unborn and newborn children by punishing those who intentionally prevent a child from being born alive or cause its death after birth. However, it also provides an exception for medical procedures done in good faith to protect the mother’s life.
For legal assistance, visit ApniLaw today! 🚀
