Section 90 BNS: Death caused by act done with intent to cause miscarriage

Bharatiya Nyaya Sanhita, 2023

Section 90 BNS at a Glance

Section 90 BNS deals with death caused by act done with intent to cause miscarriage. It is non-bailable and cognizable; it replaced Section 314 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 314 →

Section 90 BNS Bare Act Text

(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.

Source: Section 90, Bharatiya Nyaya Sanhita, 2023

Section 90 BNS in the IPC (Previous Law)

Section 90 BNS replaced Section 314 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 90 BNS

Is Section 90 BNS in force?▼

Yes. Section 90 BNS is currently in force under the Bharatiya Nyaya Sanhita, 2023 and applies where an act done with intent to cause the miscarriage of a woman with child causes her death.

What does Section 90 BNS punish?▼

It punishes any act done with the intention of causing the miscarriage of a woman with child when that act causes her death. Under Section 90(1) BNS, the punishment is imprisonment of either description for up to ten years and liability to a fine.

Must the offender know that the act is likely to cause death under Section 90 BNS?▼

No. The Explanation to Section 90 BNS states that it is not essential to this offence that the offender should know that the act is likely to cause death.

Is consent of the woman enough to avoid liability under Section 90 BNS?▼

No, the woman's consent does not remove criminal liability under Section 90(1) BNS. Further, if the act is done without her consent, Section 90(2) BNS provides a higher punishment option of imprisonment for life, or the punishment in sub-section (1).

What does Section 90(2) of the BNS cover?▼

Section 90(2) BNS covers a case where someone does an act to cause the miscarriage of a pregnant woman, that act causes her death, and it was done without her consent. The section specifically applies even if the person did not know the act was likely to cause death.

What has to be proved under Section 90(2) BNS?▼

It must be shown that the act was done with the intention of causing miscarriage, that the act caused the woman's death, and that it was done without her consent. The bare text also says it is not necessary to prove that the accused knew death was likely.

What is the punishment under Section 90(2) of the Bharatiya Nyaya Sanhita?▼

Section 90(2) BNS says the punishment can be imprisonment for life, or the punishment given in Section 90(1) BNS. Section 90(1) BNS provides imprisonment of either description for a term which may extend to ten years, and the offender shall also be liable to fine.

How is Section 90(2) different from Section 90(1) BNS?▼

The main difference is consent. Section 90(1) BNS applies when an act done with intent to cause miscarriage causes the woman's death, while Section 90(2) BNS applies when the same kind of act is done without the woman's consent and carries the higher punishment option of imprisonment for life.

Section 90 BNS: Sub-sections Explained

Section 90(1) BNS: Death caused by act done with intent to cause miscarriage

▶

Bare Act Text

(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.

Explained in Simple Words

Section 90 of the Bharatiya Nyaya Sanhita (BNS) deals with a grave situation where a person does an act with the intention of causing the miscarriage of a woman with child, and that act causes the woman's death. Under Section 90(1) BNS, the offence is punishable with imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine. Under Section 90(2) BNS, if the act is done without the consent of the woman, it is punishable either with imprisonment for life or with the punishment specified in sub-section (1).

This section applies in cases involving unsafe illegal abortions, forceful procedures, or any deliberate act meant to end a pregnancy that results in the woman's death. The prosecution must prove both the intent to cause miscarriage of a woman with child and that her death was caused by that act. Under the Explanation to Section 90 BNS, it is not necessary that the offender knew that the act was likely to cause death.

Key Ingredients

  • Doing an act with intent to cause the miscarriage of a woman with child
  • The act causes the death of the woman
  • Enhanced punishment where the act is done without the consent of the woman
  • The offender need not know that the act is likely to cause death

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment of either description for up to ten years; if the act is done without the consent of the woman, imprisonment for life, or as above.

💰 The offender is also liable to fine under the first limb.

Causing the death of a woman while doing an act with intent to cause her miscarriage carries imprisonment of either description for up to ten years, and the offender is also liable to fine. If done without her consent, the penalty is imprisonment for life, or as above. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.

Real-World Example

Karthik administered hazardous chemical substances to pregnant Zoya in Jodhpur to terminate her pregnancy. Karthik acted with the deliberate intention of causing her miscarriage. The chemical substances caused severe internal bleeding leading directly to her death. Even if Karthik did not know the substances were likely to cause death, liability under Section 90 BNS attaches for causing her death by an act done with intent to cause miscarriage.

When This Does Not Apply

  • The woman was not with child at the time of the act
  • The act was not done with intent to cause miscarriage
  • The death of the woman was not caused by the act

Previous Law

IPC 314 → Section 90(1) BNS

Section 314 IPC is now Section 90(1) BNS. The provision is now divided into two sub-sections. Sub-section 1 punishes the base offence with imprisonment of either description for up to ten years and liability to fine, and sub-section 2 punishes the act done without the consent of the woman with imprisonment for life or the punishment in sub-section 1. The Explanation is retained.

Section 90(2) BNS: Death caused by act done with intent to cause miscarriage

▶

Bare Act Text

(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.

Explained in Simple Words

Section 90(2) of the Bharatiya Nyaya Sanhita (BNS) deals with causing the death of a woman with child by an act done with intent to cause her miscarriage when that act is performed without her consent. It applies to any person who commits the offence described in Section 90(1) BNS without the woman's consent. Under Section 90(2) BNS, the offender is punishable either with imprisonment for life, or with the punishment specified in Section 90(1) BNS, namely imprisonment of either description for a term which may extend to ten years and liability to fine.

While Section 90(1) BNS covers acts done with intent to cause the miscarriage of a woman with child that result in her death generally, Section 90(2) BNS treats the absence of the woman's consent as an aggravating factor that opens up the higher sentence of imprisonment for life.

Under the Explanation to Section 90 BNS, it is not essential to this offence that the offender should know that the act is likely to cause the woman's death. It is enough that the act was done with intent to cause the miscarriage of a woman with child without her consent and in fact caused her death.

Key Ingredients

  • The accused did an act with intent to cause the miscarriage of a woman with child
  • The woman was pregnant at the time of the act
  • The act caused the death of the woman
  • For sub-section (2), the act was done without the woman's consent
  • It is not necessary that the accused knew the act was likely to cause death

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, or imprisonment of either description for up to ten years as specified in Section 90(1) BNS.

💰 Fine may be imposed in addition to imprisonment where the offender is punished with the sentence specified in Section 90(1) BNS.

Where an act done with intent to cause the miscarriage of a woman with child is done without her consent and causes her death, it is punishable under Section 90(2) BNS with imprisonment for life, or with imprisonment of either description for up to ten years and liability to fine.

Real-World Example

Ramesh takes Pooja, who is pregnant, to a small rented room in Jaipur and gives her tablets and uses instruments to end the pregnancy. Pooja had clearly refused and told him not to do anything, but he forced the procedure because he did not want the child. During the act, she starts bleeding heavily and dies before reaching a hospital. This falls under the section because the act was done with intent to cause miscarriage, it caused the woman’s death, and it was done without her consent.

When This Does Not Apply

  • The woman is not pregnant, even though the accused intended to cause a miscarriage
  • The act was not done with intent to cause miscarriage, though the woman later died
  • The woman survives the act, so death of the woman is not caused
  • The act was done with the consent of the woman, which is covered under Section 90(1) BNS rather than Section 90(2) BNS
  • A doctor or other person causes death by a rash or negligent act without intent to cause miscarriage, which is covered under Section 106 BNS

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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·