BNS Section 91: Doing an act to prevent a child being born alive or to cause it to die after birth (2026)
What Section 91 of the Bharatiya Nyaya Sanhita (BNS) punishes when an act is done to prevent a child being born alive or to cause it to die after birth, the good-faith exception to save the mother, and how it maps to Section 315 of the old IPC. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 91 of the Bharatiya Nyaya Sanhita (BNS) punishes an act done before a child's birth that is meant to stop the child being born alive, or to cause its death after birth, where the act achieves that result. It carries imprisonment of up to ten years, or a fine, or both, with an exception for an act done in good faith to save the mother's life. If you still look up "Section 315 IPC", this is the provision you now need. This explainer sets out what Section 91 covers, the exception, the punishment, and how it maps to the old law. Last verified October 2026.
- New section: the offence is Section 91 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 315 of the IPC.
- Covers: an act done to prevent a child being born alive, or to cause it to die after birth.
- Punishment: up to 10 years, or a fine, or both. A good-faith act to save the mother's life is an exception.
01Why the section number matters now
Offences about miscarriage and unborn children were set out in Sections 312 to 318 of the Indian Penal Code (IPC) for more than 160 years. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and these offences now sit in Sections 88 to 94. The offence of an act done to prevent a child being born alive, or to cause it to die after birth, is now Section 91, which carries forward old Section 315.
This matters in practice. A charge for an offence committed on or after 1 July 2024 is framed under the BNS, so it cites Section 91, not Section 315. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For some years you will see both numbers in live cases.
02What Section 91 covers
Section 91 of the BNS punishes an act done before a child is born that is intended to stop the child being born alive, or to cause it to die after it is born, and that in fact brings about that result.
The offence sits between the miscarriage offences and the offence of causing the death of a quick unborn child. It targets conduct aimed at the child in the period around birth, rather than an ordinary miscarriage earlier in pregnancy. The punishment is imprisonment of up to ten years, or a fine, or both.
Read it with the related offence
Section 91 deals with acts aimed at a child around the time of birth. Where a woman's death results from an act done to cause a miscarriage, the offence is Section 90 of the BNS. The two are read together where the facts touch both the pregnancy and the child about to be born.
03Key ingredients and the exception
To bring a case under Section 91, the prosecution must show:
- an act done before the birth of a child;
- an intention to prevent that child being born alive, or to cause it to die after birth; and
- that the act in fact prevented the child being born alive, or caused it to die after birth.
The section carries an important exception. It does not apply to an act done in good faith for the purpose of saving the life of the mother. So a medical step taken in good faith to save the mother, even if it prevents the child being born alive, is not an offence under Section 91.
This exception is the heart of the provision. It draws the line between criminal conduct aimed at the child and a genuine effort to save the mother in a difficult delivery.
04Old to new: IPC 315 to BNS 91
Section 315 of the IPC is now Section 91 of the BNS. The offence, the ten-year ceiling, and the good-faith exception to save the mother are carried over without a change of substance.
| Point | Old law (IPC) | New law (BNS) |
|---|---|---|
| Death caused by act to cause miscarriage | Section 314 | Section 90 |
| Act to prevent child born alive / death after birth | Section 315 | Section 91 |
| Death of a quick unborn child | Section 316 | Section 92 |
Because the rule is the same, judgments decided under Section 315 of the IPC still guide how Section 91 of the BNS is read.
05Punishment and classification
The punishment under Section 91 is imprisonment of up to ten years, or a fine, or both. The act must have actually prevented the child being born alive, or caused it to die after birth, for the full offence to be made out.
On classification, the offence is cognizable, non-bailable, and triable by the Court of Session.
The good-faith line
The ten-year ceiling applies only where there is no good-faith purpose of saving the mother. A genuine medical step to save the mother's life is outside the section, even if the child is not born alive.
06What changed from the old law
For this provision, the change is almost entirely the number. The offence, the ten-year ceiling, and the good-faith exception are carried over from Section 315 of the IPC into Section 91 of the BNS.
The wider miscarriage and unborn-child group was renumbered at the same time. Death of the woman from an act to cause a miscarriage is Section 90. Causing the death of a quick unborn child by an act that would be culpable homicide is the next offence in the group. These sections are read together where a single set of facts touches more than one of them.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Section 91 cases turn on intent, the timing of the act around birth, and the good-faith exception to save the mother, and they almost always rest on medical evidence. The useful work is reading where the courts have drawn those lines. Claw lets you call up how a Sessions court or High Court has treated the new Section 91 or the old Section 315, from a base of 30 crore and more judgments that span the Supreme Court since 1950 and the High Courts since 1990, tracking cases, orders and hearings across 9,102 courts, benches and forums and returning results in under 5 seconds.
Customer documents are never fed into the training of the Claw AI models, so client material stays confidential. Create a free Claw account to follow a Section 91 matter by party or advocate name. To search the wider body of law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- Section 91, BNS (bare text): devgan.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 315 IPC in the BNS?
Section 315 of the IPC is now Section 91 of the Bharatiya Nyaya Sanhita, 2023. It punishes an act done before a child's birth with the intention of preventing it being born alive or of causing it to die after birth, where the act achieves that result.
What is the punishment under BNS Section 91?
Imprisonment of up to ten years, or a fine, or both. The act must have actually prevented the child being born alive, or caused it to die after birth, for the offence to be complete.
Is there an exception for saving the mother?
Yes. Section 91 does not apply to an act done in good faith for the purpose of saving the life of the mother, even if that act prevents the child being born alive.
How is Section 91 different from Section 90?
Section 90 deals with the death of a woman caused by an act done to cause her miscarriage. Section 91 deals with an act aimed at the child around the time of birth, preventing it being born alive or causing its death after birth.
Is an offence under Section 91 bailable?
No. The offence is cognizable, non-bailable, and triable by the Court of Session, though the exact classification should be checked against the official First Schedule.
Can I track a case under Section 91 in Claw?
Yes. Claw tracks a Section 91 matter by party or advocate name, surfacing its orders and hearings across 9,102 courts, benches and forums in under 5 seconds. It researches and follows the case but does not give legal advice.