Bharatiya Nyaya Sanhita, 2023
Section 92 BNS: Causing Death of Quick Unborn Child by Act Amounting to Culpable Homicide
Section 92 of the Bharatiya Nyaya Sanhita, 2023 applies where a person does an act in circumstances that would make the person guilty of culpable homicide if death were caused, and that act instead causes the death of a quick unborn child.
Text of Section 92 BNS
92. Causing death of quick unborn child by act amounting to culpable homicide. 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.
Statutory Illustration
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.
What Section 92 BNS Means
The provision creates liability where the act is done in circumstances sufficient to amount to culpable homicide if it caused death, but the actual consequence is the death of a quick unborn child. The statutory illustration makes clear that the pregnant woman need not die for Section 92 to apply.
Essential Ingredients of Section 92
- There must be an act done by the accused.
- The circumstances must be such that, if the act caused death, the accused would be guilty of culpable homicide.
- The act must cause the death of a quick unborn child.
- The causal connection between the act and the death of the quick unborn child must be established.
Punishment Under Section 92 BNS
| Offence | Punishment |
|---|---|
| Causing death of a quick unborn child by an act done in circumstances amounting to culpable homicide if death were caused | Imprisonment of either description up to ten years, and fine. |
Meaning of Culpable Homicide for Section 92
Section 92 expressly uses the concept of culpable homicide. Under Section 100 BNS, culpable homicide concerns causing death by an act accompanied by the intention of causing death, the intention of causing bodily injury likely to cause death, or knowledge that the act is likely to cause death. For Section 92, the relevant question is whether the circumstances of the act would have amounted to culpable homicide if death had been caused.
Meaning of "Quick Unborn Child"
Section 92 uses the expression "quick unborn child" but does not separately define that expression within the section. Its application in a particular case depends on the facts, medical evidence and applicable judicial interpretation. The statutory wording should therefore be applied to the evidence rather than replaced with an assumed medical threshold.
Difference Between Sections 91 and 92 BNS
| Provision | Main focus |
|---|---|
| Section 91 | An act before birth intended to prevent a child from being born alive or to cause the child to die after birth, where the intended consequence occurs. |
| Section 92 | An act done in circumstances that would amount to culpable homicide if death were caused, which causes the death of a quick unborn child. |
Related BNS Provisions
Section 92 follows Section 91 BNS and is followed by provisions dealing with offences against children. The culpable-homicide concept referred to in Section 92 is defined in Section 100 BNS.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 92 in a particular matter depends on the facts, medical and other evidence, procedural law and judicial interpretation.