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

Bharatiya Nyaya Sanhita, 2023

Section 92 BNS at a Glance

Section 92 BNS deals with causing death of quick unborn child by act amounting to culpable homicide. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 316 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to ten years.

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

Section 316 →

Section 92 BNS Bare Act Text

92. 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.

Source: Section 92, Bharatiya Nyaya Sanhita, 2023

Section 92 BNS in Simple Words

Section 92 of the Bharatiya Nyaya Sanhita (BNS) deals with causing the death of a quick unborn child, meaning a child in the womb that has reached the stage where movement can be felt. It applies where a person does any act under such circumstances that, if the act caused death, the person would be guilty of culpable homicide, and by that act causes the death of a quick unborn child. The law treats this as a serious offence because the act is done in life-threatening circumstances and causes the death of an unborn child at a later stage of development.

In practical terms, this section is used where conduct would amount to culpable homicide if the mother or another person died, and although that death does not occur, the quick unborn child dies as a result. It is distinct from simple miscarriage or hurt offences and carries imprisonment of either description for up to ten years along with liability to fine.

Ingredients of Section 92 BNS

  • Doing an act under such circumstances that, if death were thereby caused, the offender would be guilty of culpable homicide
  • The act causes the death of a quick unborn child

Punishment Under Section 92 BNS

Imprisonment

Imprisonment of either description for up to ten years.

Fine

The offender is also liable to fine. The section prescribes no limit.

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

Causing the death of a quick unborn child by an act done in circumstances amounting to culpable homicide carries imprisonment of either description for up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, triable by the Court of Session, and not compoundable.

Example of Section 92 BNS

Ramesh knows that Suman is heavily pregnant and that a hard blow to her abdomen is likely to cause her death. He kicks her forcefully in the abdomen. Suman survives with severe injuries, but the quick unborn child she carries dies as a result of the blow. Had Suman died, Ramesh would have been guilty of culpable homicide. Ramesh is punishable under Section 92 BNS.

When Section 92 BNS Does Not Apply

  • The unborn child was not quick
  • The act was not done under circumstances that would make the accused guilty of culpable homicide if death were caused
  • The act did not cause the death of the unborn child

Section 92 BNS in the IPC (Previous Law)

Section 92 BNS replaces Section 316 IPC from the old criminal code.

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

View IPC Section 316 →

FAQs on Section 92 BNS

What does Section 92 BNS deal with?▼

It deals with causing the death of a quick unborn child, meaning a foetus that has reached the stage of movement in the womb, by doing an act under circumstances where the offender would be guilty of culpable homicide if death were caused.

Is Section 92 BNS still in force?▼

Yes. Section 92 BNS is in force under the Bharatiya Nyaya Sanhita, 2023.

What is the punishment under Section 92 BNS?▼

The punishment is imprisonment of either description for up to 10 years, and the offender is also liable to fine.

Does Section 92 BNS keep the offence in Section 316 IPC?▼

Yes. Section 92 of the Bharatiya Nyaya Sanhita, 2023 retains this exact offence with the same elements, illustration, and punishment.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

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