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.
Simplified Explanation
Section 91 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the intentional act of preventing a child from being born alive or causing the child to die after birth. This section criminalizes actions taken to harm a child before or immediately after birth, with the intent to either prevent the child from being born alive or cause death shortly after birth.
What does Section 91 address?
Section 91 makes it a criminal offense to perform any act with the intent to:
- Prevent a child from being born alive, or
- Cause a child to die immediately after birth.
This section applies to any act that leads to harm or death of the child, whether before birth (e.g., through forced abortion or other harmful procedures) or after birth (e.g., through intentional harm or neglect that leads to death).
Key Elements of the Offense under Section 91:
- Intentional Act:
- The core element of this section is the intent to harm the child, whether by preventing the child from being born alive or causing the child to die after birth. The act must be done intentionally, meaning there is a deliberate effort to cause the death of the child.
- Preventing the Child from Being Born Alive:
- This refers to any action taken to terminate the pregnancy or cause the fetus to die before birth, such as inducing miscarriage or performing a late-term abortion with the intent of causing the fetus to be stillborn.
- Causing the Child to Die After Birth:
- This includes actions taken after the birth of the child with the intent to cause the child’s death. Such acts might include physical harm, neglect, or other forms of mistreatment that directly lead to the infant’s death.
- Endangering the Child’s Life:
- The section criminalizes any action that poses a direct threat to the child’s survival, either during birth or immediately after birth. It is not limited to physical violence but may also include neglect, abandonment, or any behavior that prevents the child from surviving.
Punishment for the Offense:
- Imprisonment and/or fine: A person convicted of causing harm or death to a child under Section 91 can face imprisonment for up to 10 years and/or a fine. The severity of the punishment reflects the gravity of the offense, as it involves intentionally causing harm to a vulnerable newborn or fetus, with potentially life-threatening consequences.
Purpose and Protection:
The primary goals of Section 91 are:
- Protecting the rights of children: This section seeks to ensure that children are not harmed before or after birth by deliberate actions that prevent them from being born alive or cause their death shortly after birth.
- Deterrence: The law aims to deter individuals from taking actions that harm or endanger the life of a child, particularly in vulnerable stages such as the moments before or after birth.
- Upholding child welfare: The section ensures that any act that intentionally harms a child, whether before or immediately after birth, is treated as a serious offense and penalized accordingly.
Example scenarios under Section 91:
- Scenario 1: A person intentionally administers drugs or performs an act during pregnancy that causes the fetus to die before birth, with the intent of preventing the child from being born alive. This would be a criminal offense under Section 91.
- Scenario 2: After the child is born, a person harms the newborn with the intent to cause its death, such as through physical violence, neglect, or other deliberate acts. This would be considered an offense under this section.
- Scenario 3: A woman is coerced into undergoing a harmful late-term abortion or another medical procedure that causes the fetus to be stillborn, or the medical professional performs an act with the intent to prevent the child from surviving birth. This would fall under Section 91 if the intent is to cause death.
In summary, Section 91 criminalizes any intentional act aimed at preventing a child from being born alive or causing the child to die after birth. This law is designed to protect the lives of newborns and fetuses from deliberate harm, ensuring that individuals who intentionally harm a child during or after birth are held accountable for their actions. The severity of the penalty reflects the seriousness of the offense.
