IPC 316→BNS 92

IPC 316 to BNS 92: Causing death of quick unborn child by act amounting to culpable homicide

Section 316 IPC (1860) replaced by Section 92 BNS (2023)

View IPC Section 316 →View BNS Section 92 →

IPC 316 to BNS 92 at a Glance

Section 316 IPC (Causing death of quick unborn child by act amounting to culpable homicide) is now Section 92 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 316 to BNS 92?

Section 316 IPC is now Section 92 BNS, with the same title, the same words, the same illustration and the same punishment.

IPC 316 vs BNS 92: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31692
OffenceCausing death of quick unborn child by act amounting to culpable homicideSame
PunishmentImprisonment of either description for up to ten years.Same
FineThe offender is also liable to fine. The section prescribes no limit.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 316 and BNS 92: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 316, IPC 1860

316. Causing death of quick unborn child by act amounting to culpable homicide.—Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.
BNS 2023 (in force)

Section 92, BNS 2023

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

Ingredients: IPC 316 vs BNS 92

Under IPC 316
  1. The accused did an act
  2. The act was done under such circumstances that, if the accused thereby caused death, the accused would be guilty of culpable homicide
  3. The act caused the death of a quick unborn child
Under BNS 92
  1. Doing an act under such circumstances that, if death were thereby caused, the offender would be guilty of culpable homicide
  2. The act causes the death of a quick unborn child

What IPC 316 to BNS 92 Means for Pending Cases

For Section 316 IPC (now Section 92 BNS): an act done before 1 July 2024 is prosecuted under Section 316 IPC, and an act done on or after that date under Section 92 BNS. Because the offence is cognizable, the police may register a first information report and arrest without a warrant.

FAQs: IPC 316 to BNS 92

What is the BNS equivalent of Section 316 IPC?▼

Section 92 BNS corresponds to Section 316 IPC with identical wording, ingredients, illustration, and penalties.

What does quick unborn child mean under Section 316 IPC?▼

The IPC does not define the phrase. It refers to an unborn child that has reached the stage of pregnancy at which its movement can be felt.

Does Section 316 IPC or Section 92 BNS apply to an act done before 1 July 2024?▼

Acts committed before 1 July 2024 continue under Section 316 IPC, whereas later acts fall under Section 92 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 ·