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.
Illustration.
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.
Simplified Explanation
Section 92 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the causing of the death of a “quick” unborn child by an act that amounts to culpable homicide. This section criminalizes the intentional or negligent killing of an unborn child who has reached the stage of being quickened (i.e., the stage when the fetus moves in the womb), through an act that would be considered culpable homicide if it had been committed against a living person.
What does Section 92 address?
Section 92 addresses situations where a person intentionally or negligently causes the death of an unborn child that has reached the stage of quickening (when the fetus can be felt moving inside the womb) through an act that would qualify as culpable homicide if the victim were a living person. This section is aimed at protecting unborn children who are at a more advanced stage of development (quickening) from harm or death caused by actions that are reckless, intentional, or malicious.
Key Elements of the Offense under Section 92:
- Quick Unborn Child:
- A “quick” unborn child refers to a fetus that has reached the stage where movements can be felt by the mother. This typically occurs around the 16th to 20th week of pregnancy. The section distinguishes between earlier stages of pregnancy and those in which the fetus is considered to be capable of movement, marking a more developed stage of life.
- Culpable Homicide:
- The act that causes the death of the unborn child must amount to culpable homicide, which is defined as a criminal act done with the intent to cause death or knowledge that the act is likely to cause death. In this case, it can also apply if the person has recklessly caused the death of the unborn child without the intent to kill but with knowledge of the likely consequences.
- Examples include intentional violence toward a pregnant woman that results in harm to the unborn child or other acts that cause the fetus to die through negligence or malice.
- Death of the Quick Unborn Child:
- The section specifically refers to death of the child in the womb, caused by the act. The act does not necessarily have to kill the mother, though it may cause harm to both. The key element is the death of the unborn child, particularly after it has reached the stage of quickening.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 92 for causing the death of a quick unborn child through an act of culpable homicide, the person may face imprisonment for life or imprisonment for up to 10 years, along with a fine. The severity of the punishment reflects the seriousness of the crime, as it involves the death of an unborn child who has reached an advanced stage of development.
Purpose and Protection:
The purpose of Section 92 is to:
- Protect the life of the unborn child: It aims to ensure that a fetus at the quickening stage is protected from intentional harm or death caused by reckless or malicious actions.
- Prevent harm to pregnant women: By criminalizing acts that harm the unborn child, the law also protects the rights of the pregnant woman and holds offenders accountable for actions that harm both her and the child.
- Deterrence: The law seeks to deter individuals from committing acts of violence or recklessness that result in the death of a fetus that has reached a more advanced stage of development.
Example scenarios under Section 92:
- Scenario 1: A person intentionally causes harm to a pregnant woman, such as by striking her in the abdomen, and the act results in the death of the fetus that has reached the stage of quickening. This act would be considered culpable homicide under Section 92.
- Scenario 2: A woman is pushed or assaulted in a manner that causes her to fall, leading to the death of her quick unborn child. If the assault was reckless or intended to harm, the individual could be charged under this section for causing the death of the fetus.
- Scenario 3: A medical professional performs a procedure on a pregnant woman that causes the death of the quick unborn child due to negligence or malice. If the procedure was done recklessly or with the intent to harm, this would be covered under Section 92.
In summary, Section 92 criminalizes causing the death of a quick unborn child by an act that amounts to culpable homicide. It aims to protect unborn children who have reached a more advanced stage of development and ensure that those who intentionally or recklessly cause harm to them face severe legal consequences. This section underscores the seriousness of endangering or causing the death of a fetus at the quickening stage of pregnancy.
