Section 91 BNS: Act done with intent to prevent child being born alive or to cause to die after birth
Bharatiya Nyaya Sanhita, 2023
Section 91 BNS at a Glance
Section 91 BNS deals with act done with intent to prevent child being born alive or to cause to die after birth. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 315 IPC on 1 July 2024.
Imprisonment of either description for up to ten years.
Section 91 BNS Bare Act Text
91. 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.
Source: Section 91, Bharatiya Nyaya Sanhita, 2023
Section 91 BNS in Simple Words
Section 91 of the Bharatiya Nyaya Sanhita (BNS) deals with acts done before the birth of any child with the intention of preventing that child from being born alive or causing it to die after its birth. It applies where a person does such an act with that specific intent, the act actually prevents the child from being born alive or causes it to die after its birth, and the act is not done in good faith for the purpose of saving the mother's life.
In practical terms, this section is aimed at conduct before birth that deliberately prevents a live birth or causes the child to die after delivery. It can arise in cases involving unlawful medical conduct, physical violence, poisoning, or other interference, depending on the facts. The section protects unborn and newborn life and punishes offenders with imprisonment of either description for a term up to ten years, or with fine, or with both.
Ingredients of Section 91 BNS
- Doing an act before the birth of any child
- Intention of thereby preventing that child from being born alive or causing it to die after its birth
- Act in fact prevents the child from being born alive or causes it to die after its birth
- Act was not done in good faith for the purpose of saving the life of the mother
Punishment Under Section 91 BNS
Imprisonment of either description for up to ten years.
The offender may be punished with fine alone or with both imprisonment and fine.
Doing an act before the birth of a child to prevent it from being born alive or to cause it to die after birth carries imprisonment of either description for up to ten years, or fine, or both. The offence is cognizable and non-bailable, triable by the Court of Session, and not compoundable.
Example of Section 91 BNS
When Section 91 BNS Does Not Apply
- The act was done in good faith for the purpose of saving the life of the mother
- The act did not prevent the child from being born alive and did not cause it to die after birth
- The accused had no intention of preventing the child from being born alive or causing it to die after its birth
- The act was done after the birth of the child, not before it
Section 91 BNS in the IPC (Previous Law)
Section 91 BNS replaces Section 315 IPC from the old criminal code.
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.
View IPC Section 315 →FAQs on Section 91 BNS
Is Section 91 BNS a serious offence?▼
Yes. It is treated as a serious offence because it involves a deliberate act against unborn life or a child's survival after birth. The punishment can extend to 10 years of imprisonment, or fine, or both.
Does Section 91 BNS apply to doctors?▼
It can apply if a doctor or medical worker acts with the required criminal intent and not in good faith to save the mother's life. Lawful medical treatment or a procedure done in good faith to save the mother's life is not an offence under this section.
Is Section 91 BNS still in force?▼
Yes. Section 91 BNS is in force under the Bharatiya Nyaya Sanhita, 2023 and punishes acts done before birth that prevent a child from being born alive or cause it to die after birth.
Under Section 91 BNS, does the change in law mean old cases are automatically closed?▼
No. The transition to the Bharatiya Nyaya Sanhita does not wipe out liability for acts committed under the earlier law. Older cases are dealt with under the saving provisions and the law applicable at the time of the offence, while current offences are prosecuted under Section 91 BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·