CHAPTER XVI OF OFFENCES AFFECTING THE HUMAN BODY · Of the causing of Miscarriage, of Injuries to unborn Children, of the Exposure of Infants, and of the concealment of Births

Section 316: Causing death of quick unborn child by act amounting to culpable homicide

The Indian Penal Code, 1860 (repealed)

Repealed by the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024.

Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

Now in the BNS

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

316. Causing death of quick unborn child by act amounting to culpable homicide.

BNS 92

Questions on this section

1 question in 7 of our papers cite Section 316. Try these from the free papers:

1. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it had caused her death, would have amounted to culpable homicide. The woman is injured but survives. The quick unborn child she was carrying dies as a result of the act. Under the Bharatiya Nyaya Sanhita, 2023, A is guilty of

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