(1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.
Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.
Simplified Explanation
Section 90 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the death caused by an act done with the intent to cause a miscarriage. This section criminalizes situations where a person intentionally causes harm to a woman with the aim of inducing a miscarriage, and in the process, the woman dies as a result of the act.
What does Section 90 address?
Section 90 addresses the situation where a person, with the intention of causing a miscarriage, performs an act that leads to the death of the woman. This could involve the administration of harmful substances, physical violence, or any other act that directly causes the woman’s death while intending to induce a miscarriage.
Key Elements of the Offense under Section 90:
- Intent to Cause a Miscarriage:
- The person must have a clear intention to induce a miscarriage. This can involve physical harm, administering drugs, or using any means to terminate the pregnancy.
- Death Caused by the Act:
- In the process of trying to cause a miscarriage, the act results in the woman’s death. The key element here is that the woman’s death occurs during the act of attempting to cause the miscarriage, not as a result of other circumstances.
- Act Done with Malice or Negligence:
- The act that leads to the woman’s death must be done with malice or negligence. If the person acts recklessly or intentionally causes harm that leads to death, they are criminally liable under this section.
- No Consent:
- This section assumes that the woman has not consented to the act, as the primary focus is on inducing miscarriage. If consent was given for a legal abortion (where applicable), this section would not apply. The death must result from an act that was done without the woman’s consent or outside of lawful procedures.
Punishment for the Offense:
- Imprisonment and/or fine: If someone is convicted under Section 90 for causing the death of a woman while attempting to induce a miscarriage, the punishment can be imprisonment for up to 10 years and/or a fine. The severity of the punishment reflects the gravity of the crime, as it involves the death of the woman and the unlawful termination of pregnancy.
Purpose and Protection:
The main objectives of Section 90 are:
- Protecting women’s lives: This section aims to prevent acts that put a woman’s life in danger by ensuring that anyone who intentionally causes a miscarriage resulting in death faces severe legal consequences.
- Deterring reckless and malicious acts: It seeks to deter individuals from taking extreme or harmful measures to induce miscarriage, which could potentially lead to the woman’s death.
- Ensuring accountability: The law holds individuals accountable for their actions when they cause harm to others, particularly in cases where a woman’s life is lost due to malicious or negligent actions related to a miscarriage.
Example scenarios under Section 90:
- Scenario 1: A person forces a woman to take harmful substances to induce a miscarriage, but the substances lead to the woman’s death. The person would be charged under Section 90 for causing her death while attempting to cause a miscarriage.
- Scenario 2: A man physically assaults a pregnant woman in an attempt to force a miscarriage, but the violence results in her death. The act was done with the intent to cause a miscarriage, and the woman dies as a result, making it a criminal offense under this section.
- Scenario 3: A medical practitioner performs an unsafe abortion or a procedure with the intent of causing a miscarriage, but the woman dies as a result of the procedure. The doctor would be liable for causing her death while attempting to induce a miscarriage.
In summary, Section 90 criminalizes the act of causing a woman’s death while attempting to induce a miscarriage with the intent to end the pregnancy. This section aims to prevent reckless or malicious actions that endanger women’s lives and holds individuals accountable for causing harm leading to death during an attempt to induce a miscarriage. The severity of the punishment reflects the seriousness of the crime, emphasizing the protection of women’s lives and health.
