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Bharatiya Nyaya Sanhita, 2023 · Chapter V: Of Offences against Woman and Child · Of offences relating to marriage

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

Earlier law: IPC section 314 (Death caused by act done with intent to cause miscarriage)

In plain words

Doing an act meant to cause a miscarriage that results in the woman's death is punishable with up to ten years in prison and a fine. If it was done without her consent, the punishment can be imprisonment for life or the same punishment.

  • The offender need not have known that the act was likely to cause death.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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 sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 90

No Supreme Court judgment in our database cites this section yet.