Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 90: Death caused by act done with intent to cause miscarriage.
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.
Brief Detail
BNS Section 90 addresses the criminal act of causing death with the intent to induce miscarriage. The punishment for causing death through such an act can extend up to ten years of imprisonment and may also include a fine. If the act is done without the woman's consent, the punishment could be life imprisonment or the same punishment specified in the first sub-section. The law does not require the offender to be aware that the act could result in death.
Question & Answers
Q: What is the punishment for causing the death of a woman with the intent to cause miscarriage under BNS Section 90?
A: The punishment can be imprisonment for a term that may extend to ten years and may also include a fine.
Q: What happens if the act is done without the woman's consent?
A: If the act is done without the woman's consent, the offender can be punished with imprisonment for life or with the punishment specified in the first sub-section.
Q: Is it necessary for the offender to know that the act could cause death?
A: No, it is not essential for the offender to know that the act is likely to cause death.
Example
Example 1: A person intentionally performs an action to induce miscarriage in a pregnant woman, resulting in her death. Under BNS Section 90, this person can be punished with up to ten years of imprisonment and a fine.
Example 2: If the same act is carried out without the pregnant woman’s consent, the perpetrator could face life imprisonment or the same punishment as mentioned in the initial sub-section.
Summary
BNS Section 90 criminalizes causing the death of a pregnant woman with the intent to induce miscarriage. The punishment can be up to ten years of imprisonment and a fine. If the act is performed without consent, life imprisonment or the same punishment as in the first sub-section can be imposed. The offender’s knowledge of the potential for death is not required for this offence.
