Bharatiya Nyaya Sanhita 2023
Section 90 :
Death caused by act done with intent to cause miscarriage :
(See section 314 of IPC 1860)
Section : 90 (1)
Classification of Offence:
Offence : Death caused by an act done with intent to cause miscarriage.
Punishment : Imprisonment for 10 years and fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
Section : 90 (2)
Offence : If act done without women’s consent.
Punishment : Imprisonment for life, or as above.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable : Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
———
(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.
Indian Penal Code 1860 (IPC 1860)
Section 314 :
Death caused by act done with intent to cause miscarriage:
(See section 90 of BNS 2023)
Classification of Offence:
Offence: Death caused by an act done with intent to cause miscarriage.
Punishment :Imprisonment for 10 years and fine.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
————–
Offence: If act done without women’s consent.
Punishment :Imprisonment for life, or as above.
Cognizable or Non-cognizable :Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable : Court of Session.
————–
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;
If act done without woman’s consent and if the act is done without the consent of the woman, shall be punished either with 1.[imprisonment for life], or with the punishment above mentioned.
Explanation :
It is not essential to this offence that the offender should know that the act is likely to cause death.
——–
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation for life” (w.e.f. 1-1-1956).