Causing death of quick unborn child by act amounting to culpable homicide
AI Assist
Summary
An act that would amount to culpable homicide if it killed the pregnant woman, but instead causes the death of her quick unborn child, is punishable. It applies when the offender's conduct causes the death of the quick unborn child while the mother survives. Punishment is imprisonment for up to ten years and a fine.
Example
Ravi shoves a pregnant neighbour in a fight. If that shove would have been culpable homicide had it killed the woman, but the woman survives while the quick unborn child dies, Ravi is guilty under this provision and can be punished with up to ten years imprisonment and a fine.
Bare Act
Enacted textWhoever 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.
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.
BNSS Classification
- Imprisonment for 10 years and fine.
- Cognizable
- Non-bailable
- Triable by Court of Session
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