Death caused by act done with intent to cause miscarriage
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Summary
If a person, intending to cause a pregnant woman to miscarry, does an act that causes her death, they face imprisonment for up to ten years and a fine. If the act was done without the woman’s consent, the punishment may be life imprisonment or the ten-year term and fine. It is not necessary that the offender knew death was likely.
Example
Ravi gives pills to his pregnant wife Priya to cause a miscarriage, and Priya dies as a result. Ravi can be punished with up to ten years imprisonment and a fine; if he acted without Priya’s consent he may face life imprisonment or the same ten-year term and fine.
Bare Act
Enacted 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.
BNSS Classification
- 90(1) – Imprisonment for 10 years and fine.
- 90(2) – Imprisonment for life, or as above.
- Non-cognizable
- Non-bailable
- Triable by Court of Session
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