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Section 90: Death Caused by Act Done with Intent to Cause Miscarriage

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Court of Session
Non-Bailable
Cognizable
Formerly Sec 314 IPC
Section 89 All 358 Sections of Bharatiya Nyaya Sanhita Section 91

Legal Commentary & Landmark Judgments: Section 90

Section 90 penalizes causing the death of a woman by an act done with intent to cause miscarriage, providing imprisonment up to ten years and fine, and imprisonment for life if the act is done without the woman's consent.

  • Intent to Cause Miscarriage: The perpetrator acts with the specific intent of terminating the pregnancy.
  • Death of the Mother: The act results in the death of the pregnant woman (e.g. septic shock, uterine perforation, lethal medication overdose).
  • Severe Life Sentence Without Consent: If done without the woman's consent, the offender is liable to imprisonment for life.
Key Landmark Precedents:
  • Bhupendra Singh v. State of Punjab (1997) 11 SCC 344: The Supreme Court affirmed that an unauthorized quack performing an illegal abortion resulting in the woman's death is guilty under Section 314 IPC (Section 90 BNS).
  • State of M.P. v. Babulal (1998) 1 SCC 586: Held that proof of intention to cause miscarriage and resulting maternal death establishes completed liability under this provision.
Courtroom Practice & Strategic Litigation Guidance:

In defending registered doctors accused under Section 90 BNS, obtain an emergency clinical autopsy: prove that maternal death resulted from an unavoidable amniotic fluid embolism or cardiac arrest rather than mechanical perforation.

Section 89 All 358 Sections of Bharatiya Nyaya Sanhita Section 91