Whoever 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.
Illustrations
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.
Legal Commentary & Landmark Judgments: Section 92
Section 92 penalizes causing the death of a quick unborn child by an act amounting to culpable homicide, prescribing imprisonment of either description for a term which may extend to ten years, and fine.
In assault trials where a pregnant woman survived but her 8-month unborn fetus perished, charge under Section 92 BNS: lead obstetric ultrasound reports and post-mortem fetal examinations to prove quickening and viable gestational age.