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

Indian Penal Code, 1860

Section 316 IPC at a Glance

Section 316 IPC 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; from 1 July 2024 it is replaced by Section 92 BNS.

Punishment

Imprisonment of either description for up to ten years.

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

Section 92 →

Section 316 IPC Bare Act Text

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.

Source: Section 316, Indian Penal Code, 1860

Section 316 IPC in Simple Words

Section 316 of the Indian Penal Code (IPC) punishes doing any act under such circumstances that, if the offender thereby caused death, the offender would be guilty of culpable homicide, where the act causes the death of a quick unborn child.

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

The offence is cognizable and non-bailable, and it is triable by the Court of Session.

Ingredients of Section 316 IPC

  • The accused did an act
  • The act was done under such circumstances that, if the accused thereby caused death, the accused would be guilty of culpable homicide
  • The act caused the death of a quick unborn child

Punishment Under Section 316 IPC

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 316 IPC

In 2019 in Bhopal, Vikram argued fiercely with his neighbour Kavita at the top of a steep stone staircase. Vikram knew that Kavita was seven months pregnant with a quick unborn child and knew that pushing her down the stairs was likely to cause her death. Even so, he shoved her down the steps. Kavita survived the fall with fractured ribs, but the impact caused the death of the quick unborn child she was carrying. Because Vikram would have been guilty of culpable homicide had Kavita died, Vikram is punishable under Section 316 IPC.

When Section 316 IPC Does Not Apply

  • Section 316 IPC does not apply when the pregnancy had not yet reached the stage where the unborn child was quick.
  • The provision is inapplicable if the act was committed under circumstances that would not constitute culpable homicide had a person died.
  • No offence is made out under Section 316 IPC if the quick unborn child survives the act and does not die.
  • An accidental injury caused without the intention or knowledge required for culpable homicide falls outside Section 316 IPC.

Section 316 IPC in the BNS

Section 316 IPC is now covered under Section 92 BNS.

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

View detailed comparison (IPC 316 vs BNS 92) →

FAQs on Section 316 IPC

What does Section 316 IPC penalise?▼

Section 316 IPC penalises doing any act under circumstances that would amount to culpable homicide if death were caused, which results in the death of a quick unborn child.

What is the punishment under Section 316 IPC?▼

The punishment is imprisonment of either description for a term which may extend to ten years, and the offender is also liable to fine.

What mental element is required for Section 316 IPC?▼

The act must be done under such circumstances that it would be culpable homicide if death were caused. Under Section 299 IPC, that means an act done with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that the act is likely to cause death.

Must the pregnant woman die for Section 316 IPC to apply?▼

No. The section requires the death of a quick unborn child. The illustration describes a case in which the woman is injured but does not die, and the quick unborn child dies.

Is an offence under Section 316 IPC bailable?▼

No. The offence is non-bailable and cognizable under the First Schedule to the CrPC.

Which court tries an offence under Section 316 IPC?▼

It is triable exclusively by the Court of Session.

Can an offence under Section 316 IPC be compounded?▼

No. Section 316 IPC is not compoundable under Section 320 CrPC.

Where is Section 316 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 92 BNS.

Have questions about Section 316 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·