Death caused by act done with intent to cause miscarriage
Section 90 of the Bharatiya Nyaya Sanhita, 2023 deals with death caused by act done with intent to cause miscarriage. 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. The Act came into force on 01 Jul 2024.
(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.
Section 90, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 314 Death caused by act done with intent to cause miscarriage Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| If act done without women's consent. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vijay Laxmi vs State
Decided under Indian Penal Code 314, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases involving death caused during an illegal abortion performed by an unqualified practitioner, conviction under Section 314 IPC can be sustained on the basis of circumstantial evidence comprising: (1) the running of a clinic by the accused; (2) credible testimony of the husband regarding the six-month pregnancy and bringing the wife for abortion; (3) post-mortem evidence establishing that injuries were caused during an attempt to evacuate the contents of gestation; and (4) the false explanation by the accused during examination under Section 313 CrPC. The age or exact period of gestation of the fetus is not essential for the applicability of Section 314 IPC. Minor procedural contradictions in police investigation and the absence of seized surgical equipment do not negate the prosecution case when the core facts are established through credible witness testimony and medical evidence.
On this section: Whoever with an intent to cause miscarriage of a woman with child does an act which causes the death of such woman. Applied to convict the appellant for performing an illegal abortion that resulted in the death of the pregnant woman. The court clarified that the age of fetus or gestation period is not essential for applicability of this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 90
What have the courts held on Section 90 of the Bharatiya Nyaya Sanhita?
Vijay Laxmi vs State (28 Feb 2011) is the leading judgment on this section among those set out below, though it was decided under IPC 314, which this section replaced -- the court never mentioned this Act: Whoever with an intent to cause miscarriage of a woman with child does an act which causes the death of such woman. Applied to convict the appellant for performing an illegal abortion that resulted in the death of the pregnant woman. The court clarified that the age of fetus or gestation period is not essential for applicability of this section.
Is Section 90 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 90 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 90 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 90, section 90 BNS, section 90 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 90 in ipc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Vijay Laxmi vs State (28 Feb 2011).
What should I read with Section 90 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 314 (Death caused by act done with intent to cause miscarriage), so the judgments decided under that provision are the case law on this one.
When did Section 90 of the Bharatiya Nyaya Sanhita come into force?
Section 90 of the Bharatiya Nyaya Sanhita, cited as BNS 90, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 101. Murder1177 words
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- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.