| Section | Punishment | Cognizable? | Bail | Triable by |
|---|---|---|---|---|
| 90(1) Death caused by an act done with intent to cause miscarriage. | Imprisonment for 10 years and fine | Cognizable | Non-bailable | Court of Session |
| 90(2) If act done without women's consent. | Imprisonment for life, or as above | Cognizable | Non-bailable | Court of Session |
Source: First Schedule of the BNSS 2023 (classification of offences)
Section 90 of Bharatiya Nyaya Sanhita (BNS) 2023:Death caused by act done with intent to cause miscarriage.
Death caused by act done with intent to cause miscarriage.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.