Act done with intent to prevent child being born alive or to cause it to die after birth
AI Assist
Summary
Doing something before birth with the intention of preventing a child from being born alive, or of causing it to die after birth, is an offence if that act actually prevents live birth or causes the death. The only exception is acts done in good faith to save the mother’s life. Punishment can be up to ten years imprisonment, or fine, or both.
Example
Rohan secretly gives Priya drugs during her pregnancy intending the baby not to be born alive. The baby is born dead. The person who did this can face up to ten years imprisonment, or fine, or both, unless the act was truly to save Priya’s life.
Bare Act
Enacted textWhoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.
BNSS Classification
- Imprisonment for 10 years, or fine, or both.
- Cognizable
- Non-bailable
- Triable by Court of Session
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