Act done with intent to prevent child being born alive or to cause to die after birth
Section 91 of the Bharatiya Nyaya Sanhita, 2023 deals with act done with intent to prevent child being born alive or to cause to die after birth. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in g The Act came into force on 01 Jul 2024.
Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
Section 91, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 315 Act done with intent to prevent child being born alive or to cause it to die after birth Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Act done with intent to prevent a child being born alive, or to cause it to die after its birth. | Imprisonment for 10 years, or fine, or both. | 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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Manoj Kumar Sharma vs State
Decided under Indian Penal Code 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
For an offence under Section 315 IPC to be complete, it is not sufficient that an act is done with the intention to prevent a child from being born alive or to cause it to die after birth; the act must actually result in the prevention of the child being born alive or the death of the child after birth. If the child is born alive despite the alleged attempt, the offence under Section 315 is not made out, but an attempt charge under Section 315 read with Section 511 IPC may be appropriate. Additionally, a threat coupled with an overt act of violence constitutes criminal intimidation under Section 506 IPC, but the charge should only apply to those persons who made the threat or committed the overt act.
On this section: The court examined the exact language of Section 315 IPC to determine that the offence requires both an act done with intent to prevent birth and the actual prevention of birth or death after birth. The court held that mere attempt without actual result does not constitute the complete offence under Section 315.
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K.biju Mon vs Govt. of Nct of Delhi
Decided under Indian Penal Code 315, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When parties to a matrimonial dispute have amicably resolved their differences and obtained a divorce decree, and the complainant expresses willingness to withdraw the criminal case, it is in the interest of justice and promotes peace and harmony to quash the FIR, even under serious provisions like Section 498-A IPC.
On this section: Causing hurt by act endangering life or personal safety - co-charge in the FIR that was quashed
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 91
What have the courts held on Section 91 of the Bharatiya Nyaya Sanhita?
Manoj Kumar Sharma vs State (19 Apr 2006) is the leading judgment on this section among those set out below, though it was decided under IPC 315, which this section replaced -- the court never mentioned this Act: The court examined the exact language of Section 315 IPC to determine that the offence requires both an act done with intent to prevent birth and the actual prevention of birth or death after birth. The court held that mere attempt without actual result does not constitute the complete offence under Section 315. Another 1 judgment on this section is set out below. They run from 2005 to 2006.
Is Section 91 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 91 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 91 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 91, section 91 BNS, section 91 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 91 and 92 and bns 91 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manoj Kumar Sharma vs State (19 Apr 2006).
What should I read with Section 91 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 315 (Act done with intent to prevent child being born alive or to cause it to die after birth), so the judgments decided under that provision are the case law on this one.
When did Section 91 of the Bharatiya Nyaya Sanhita come into force?
Section 91 of the Bharatiya Nyaya Sanhita, cited as BNS 91, 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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- 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.