Section 314 IPC and Section 90 BNS: Death Caused by an Act Intended to Cause Miscarriage
Section 314 of the Indian Penal Code, 1860, dealt with the death of a pregnant woman caused by an act undertaken with the intention of causing miscarriage. The corresponding current offence is set out in Section 90 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Current-law position: The BNS came into force on 1 July 2024. Section 90 BNS is the applicable substantive provision for offences committed after its commencement; Section 314 IPC remains relevant to earlier acts and proceedings, subject to the applicable repeal and savings provisions.
Section 314 IPC: Original statutory provision
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;
If act done without woman's consent. - And if the act is done without the consent of the woman, shall be punished either with imprisonment for life, or with the punishment above mentioned.
Explanation. - It is not essential to this offence that the offender should know that the act is likely to cause death.
The provision above reproduces the substance of the original page, with punctuation and paragraph structure normalized for readability.
Section 90 BNS: Current legal provision
Section 90(1) punishes a person who, intending to cause the miscarriage of a pregnant woman, does an act that causes her death. The maximum punishment is ten years' imprisonment and a fine.
Section 90(2) applies where that act was done without the woman's consent. It permits imprisonment for life or the punishment specified in Section 90(1).
Statutory explanation: The prosecution does not have to prove that the offender knew the act was likely to cause death. The required intention to cause miscarriage and the causal link to the woman's death remain central.
Read the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), particularly Sections 88 to 90.
Essential ingredients of the offence
- The woman was pregnant at the relevant time.
- The accused did an act with the intention of causing miscarriage.
- The act caused the woman's death, supported by the evidence on causation.
- For the aggravated punishment under Section 90(2), the act was done without her consent.
The offence is not restricted to medical practitioners. Whether a particular person is liable depends on the proved conduct, intention, causation and any applicable statutory protection or defence.
Punishment and procedure
| Provision | When applicable | Statutory punishment |
|---|---|---|
| IPC Section 314 / BNS Section 90(1) | Death caused by an act intended to cause miscarriage | Imprisonment up to 10 years and fine |
| IPC Section 314 aggravated part / BNS Section 90(2) | The same act was done without the woman's consent | Imprisonment for life, or imprisonment up to 10 years and fine |
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, offences under Section 90 BNS are classified as cognizable and non-bailable and are triable by the Court of Session. Non-bailable does not mean bail is legally impossible; bail depends on the applicable law and judicial determination.
Consent and the Medical Termination of Pregnancy Act
The Medical Termination of Pregnancy Act, 1971 (MTP Act), as amended, provides the legal framework for specified pregnancy terminations by qualified registered medical practitioners. A termination carried out in accordance with that Act is legally distinguished from an unlawful act intended to cause miscarriage.
- Section 3: Provides the principal conditions for lawful termination, including the relevant medical opinions, gestational limits, and the woman's consent or prescribed guardian consent in specified cases.
- Section 4: Regulates the approved places where a pregnancy may be terminated, subject to statutory exceptions.
- Section 5: Provides specified exceptions where immediate termination is necessary to save the pregnant woman's life.
Generally, one registered medical practitioner's opinion is required up to 20 weeks under the statutory conditions; two opinions are required for eligible prescribed categories between 20 and 24 weeks. Special provisions apply to substantial foetal abnormalities diagnosed by a Medical Board. These rules are subject to the complete Act and Rules, including the emergency exception.
Official reference: Medical Termination of Pregnancy Act, 1971 (India Code). Consult the current amended text and rules when applying gestational and consent requirements.
Related criminal-law provisions
Section 88 BNS (formerly Section 312 IPC) addresses causing miscarriage; Section 89 BNS (formerly Section 313 IPC) addresses causing miscarriage without the woman's consent. Section 90 BNS is distinct because the act intended to cause miscarriage results in the woman's death.
For background, see Section 312 IPC: Causing Miscarriage and Section 313 IPC: Miscarriage Without Consent.
Frequently asked questions
What is Section 314 IPC?
It punished causing the death of a pregnant woman by an act performed with intent to cause miscarriage. It is relevant to offences committed before 1 July 2024.
Which BNS provision corresponds to IPC Section 314?
Section 90 of the Bharatiya Nyaya Sanhita, 2023, which has been in force since 1 July 2024.
What is the punishment under BNS Section 90?
Up to ten years imprisonment and fine under subsection (1). If the act is without the woman's consent, subsection (2) provides imprisonment for life or the punishment under subsection (1).
Must the accused know the act could cause death?
No. The statutory explanation expressly states that knowledge that the act is likely to cause death is not essential.
Does consent make every pregnancy termination lawful?
No. Consent alone does not establish compliance with the Medical Termination of Pregnancy Act, 1971, and its applicable conditions.
Official legal references
- Bharatiya Nyaya Sanhita, 2023 - India Code
- BNS statutory sections - National Crime Records Bureau
- Medical Termination of Pregnancy Act - India Code
This article provides general legal information, not case-specific legal or medical advice. The facts of an incident and the law in force at the relevant time determine the applicable provisions.