IPC 315→BNS 91

IPC 315 to BNS 91: Act done with intent to prevent child being born alive or to cause it to die after birth

Section 315 IPC (1860) replaced by Section 91 BNS (2023)

View IPC Section 315 →View BNS Section 91 →

IPC 315 to BNS 91 at a Glance

Section 315 IPC (Act done with intent to prevent child being born alive or to cause it to die after birth) is now Section 91 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.

What Changed From IPC 315 to BNS 91?

Section 315 IPC is succeeded by Section 91 BNS. The heading in Section 91 BNS omits the word it, but the substantive text, mental elements, good-faith exception to save the life of the mother, and the ten-year punishment remain identical.

IPC 315 vs BNS 91: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31591
OffenceAct done with intent to prevent child being born alive or to cause it to die after birthSame
PunishmentImprisonment of either description for up to ten years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 315 and BNS 91: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 315, IPC 1860

315. Act done with intent to prevent child being born alive or to cause it to die after birth.—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.
BNS 2023 (in force)

Section 91, BNS 2023

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.

Ingredients: IPC 315 vs BNS 91

Under IPC 315
  1. The accused did an act before the birth of any child
  2. The act was done with the intention of thereby preventing that child from being born alive or causing it to die after its birth
  3. The act in fact prevented that child from being born alive or caused it to die after its birth
  4. The act was not done in good faith for the purpose of saving the life of the mother
Under BNS 91
  1. Doing an act before the birth of any child
  2. Intention of thereby preventing that child from being born alive or causing it to die after its birth
  3. Act in fact prevents the child from being born alive or causes it to die after its birth
  4. Act was not done in good faith for the purpose of saving the life of the mother

What IPC 315 to BNS 91 Means for Pending Cases

For Section 315 IPC (now Section 91 BNS): an act done before 1 July 2024 is prosecuted under Section 315 IPC, and an act done on or after that date under Section 91 BNS. Because the offence is cognizable, the police may register a first information report and arrest without a warrant.

FAQs: IPC 315 to BNS 91

What is the BNS counterpart of Section 315 IPC?▼

Section 91 BNS replaces Section 315 IPC with identical text, although its title omits the word it before to die.

Does Section 315 IPC apply to an act done to save the life of the mother?▼

No. The section contains an express exception for acts done in good faith for the purpose of saving the life of the mother.

Does Section 315 IPC or Section 91 BNS apply to an act done before 1 July 2024?▼

Conduct taking place before 1 July 2024 remains subject to Section 315 IPC, while subsequent acts fall under Section 91 BNS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·