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CHAPTER V OF OFFENCES AGAINST WOMAN AND CHILD · Of causing miscarriage, etc

Section 90: Death caused by act done with intent to cause miscarriage

The Bharatiya Nyaya Sanhita, 2023

(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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 4 of our papers cite Section 90. Try these from the free papers:

  1. 1. With Z's consent, A administers a drug to Z, who is pregnant, intending to cause her miscarriage. The drug causes Z's death. A did not know that the act was likely to cause death. Under the Bharatiya Nyaya Sanhita, 2023:

Practise questions on Bharatiya Nyaya Sanhita