Section 91 · Act done with intent to prevent child being born alive or to cause to die after birth
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Whoever 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.
The offence at a glance
- Punishment
- up to 10 years, fine (no stated ceiling)
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
Under the old law
BNS 91IPC 315
315. Act done with intent to prevent child being born alive or to cause it to die after birth.
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