Section 91 BNS

The Bharatiya Nyaya Sanhita (BNS), 2023 contains several provisions to protect vulnerable persons, especially children. One such important provision i

Section 91 BNS: Act Done with Intent to Prevent Child Being Born Alive or to Cause Death After Birth – Complete Guide

Introduction

Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with a very serious offence involving acts done before the birth of a child with the intention of either preventing the child from being born alive or causing the child to die after birth. This provision protects both the unborn child and the newborn child, recognizing their right to life.

The law acknowledges that certain acts committed during pregnancy can directly affect whether a child is born alive or survives after birth. If such acts are done with wrongful intention, they are treated as criminal offences. However, the law also provides an exception when such acts are done in good faith to save the life of the mother.

---

Exact Text of Section 91 BNS

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.

---

Simple Meaning of Section 91

In simple words, Section 91 means:

• If a person does any act before a child is born,
• With the intention to stop the child from being born alive, or
• To cause the child’s death after birth,

👉 It is a criminal offence.

However, if the act is done to save the mother’s life, it is not punishable.

---

Objective of the Law

The main objectives of Section 91 are:

• Protect the life of unborn and newborn children
• Prevent harmful acts during pregnancy
• Punish intentional acts leading to child death
• Balance protection with medical necessity

---

Essential Ingredients of the Offence

To establish an offence under Section 91, the following elements must be present:

Act Done Before Birth

The act must be committed:

• Before the child is born

---

Intention

The accused must have intention:

• To prevent the child from being born alive, or
• To cause death after birth

---

Result of the Act

The act must result in:

• Child not being born alive, or
• Death of the child after birth

---

Absence of Good Faith

The act must not be:

• Done in good faith
• For saving the mother’s life

---

Importance of Intention

The offence depends heavily on intention.

👉 If there is no intention:

• It may not fall under this section

---

Meaning of “Preventing Birth Alive”

This refers to:

• Acts that stop the child from being born alive
• Actions taken during pregnancy that result in death before birth

---

Causing Death After Birth

This includes:

• Acts done before birth
• Which result in the child dying after birth

---

Exception: Good Faith to Save Mother

The law provides an important exception:

👉 If the act is done to save the life of the mother, it is not an offence.

This ensures:

• Medical decisions are respected
• Doctors can act without fear

---

Punishment under Section 91

The punishment includes:

• Imprisonment up to 10 years, or
• Fine, or
• Both

👉 Serious offence with strong punishment.

---

Nature of the Offence

• Cognizable
• Non-bailable (in serious cases)
• Involves protection of life

---

Examples for Better Understanding

A person gives harmful substances to a pregnant woman intending to kill the unborn child.

A person performs an act before birth that leads to death of the child after birth.

An illegal procedure is done to prevent a child from being born alive.

👉 All these are offences under Section 91.

---

Difference from Other Sections

Section 91 vs Section 88

• Section 88 → Miscarriage
• Section 91 → Preventing live birth or causing death

---

Section 91 vs Section 90

• Section 90 → Death of the woman
• Section 91 → Death of the child

---

Importance of Section 91

Protects Child’s Life

Recognizes rights of unborn and newborn.

Prevents Harmful Acts

Discourages dangerous practices.

Balances Medical Needs

Allows acts done to save mother.

---

Medical and Legal Perspective

Doctors must:

• Act in good faith
• Follow legal guidelines
• Ensure safety

---

Challenges in Implementation

Proving Intention

Difficult to prove intent behind act.

Medical Evidence

Requires expert analysis.

Ethical Issues

Balancing mother and child’s rights.

---

Role of Society

• Promote safe medical practices
• Avoid harmful actions
• Support maternal health

---

Key Takeaways

• Section 91 deals with acts affecting unborn/newborn child
• Focus on intention
• Exception for saving mother’s life
• Punishment up to 10 years
• Protects life and safety

---

Conclusion

Section 91 of the Bharatiya Nyaya Sanhita is a crucial provision that protects the life of unborn and newborn children from intentional harm. It ensures that no person can take actions to prevent a child from being born alive or to cause its death after birth, unless it is necessary to save the mother.

In simple terms:

Any intentional act to stop a child from being born alive or to cause its death is a crime.

This section plays an important role in ensuring protection of life, medical responsibility, and legal accountability, while maintaining a balance between the rights of the mother and the child.