BNS Section 91- Act done with intent to prevent child being born alive or to cause to die after birth | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 91 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Act done with intent to prevent child being born alive or to cause to die after birth.— 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.
Procedural Details
Punishment
Imprisonment up to Ten Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Court of Session
Frequently Asked Questions about BNS Section 91
What is Section 91 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Act done with intent to prevent child being born alive or to cause to die after birth.— 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.
What is the punishment under BNS Section91 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Ten Year(s) + Fine
Is BNS Section 91 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 91 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 91 ?
Cases pertaining to this specific BNS section are triable by the Court of Session.
Can BNS Section 91 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.