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Section 91 — Act done with intent to prevent child being born alive or to cause to die after birth
91
91
Act done with intent to prevent child being born alive or to cause to die after birth
Bharatiya Nyaya Sanhita, 2023
Chapter V Of Offences Against Woman and Child
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Offences Against ChildChild ProtectionSevere Offence
🗣️ Simple Explanation
What does this law say? Section 91 of the Bharatiya Nyaya Sanhita (BNS) deals with intentionally preventing a child from being born alive or causing its death after birth. If you do something to cause this, you could be in trouble.
Why does this law exist? This law protects unborn children and newborns. It ensures that everyone values and protects the right to life. It aims to prevent harm to vulnerable individuals.
Real-life impact This law affects anyone who might consider harming a child before or soon after birth. It makes sure people think twice before taking actions that could end a child's life.
What happens if you break this law? You could face up to ten years in jail, a fine, or both. The police can arrest you without a warrant.
⚖️ Punishment

Imprisonment up to ten years, or fine, or both.

💡 Real Life Example

Priya, wanting to avoid having a child, takes medicine to end her pregnancy. This act results in the child's death before birth. Priya could be charged under this section. Legal consequence: Priya could face imprisonment and a fine.
Rahul, knowing a woman is pregnant, gives her a substance intending to cause the child's death after birth. If the child dies, Rahul is liable. Legal consequence: Rahul could face imprisonment and a fine.

🛡️ KNOW YOUR RIGHTS
  • •Seek immediate legal counsel if accused.
  • •Understand your right to remain silent.
  • •Gather evidence to support your defense.
  • •Request legal aid if you cannot afford a lawyer (Article 39A).
❓ FREQUENTLY ASKED QUESTIONS
Section 91 of the BNS addresses actions taken to prevent a child from being born alive or to cause its death after birth. It covers situations where someone intentionally acts to harm a child before or after birth. This section replaces the old law related to similar offenses.
If you violate Section 91, you could face imprisonment for up to ten years, a fine, or both. The severity of the punishment depends on the specific actions taken and the circumstances surrounding the offense. The police can arrest you without a warrant.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Bharatiya Nyaya Sanhita, 2023 (replaces IPC)

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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