Offences Against Unborn and Newborn Child under BNS, 2023

Introduction

It is a natural law that a person who is born must die one day. However, an act that intentionally leads to the death of an unborn or newborn child is a serious criminal offence. Such acts are not only legally punishable but also morally unacceptable.

One of the major reasons behind such offences, especially in India, has been the preference for a male child. It is often believed that a male child will take care of parents in old age. This leads to the harsh reality where, despite worshipping goddesses, female children are sometimes killed before or immediately after birth.

Offences Against Newborn and Unborn Children

Under the Bharatiya Nyaya Sanhita, 2023, provisions relating to unborn and newborn children are largely derived from earlier IPC Sections 312–318.

These offences include:

● Causing miscarriage

● Miscarriage without consent

● Death caused by miscarriage

● Injury to unborn child

● Exposure and abandonment of infant

● Concealment of birth

1. Causing Miscarriage

Meaning of Miscarriage

The term miscarriage is not expressly defined in law. In legal terms, it refers to the deliberate termination of pregnancy, i.e., expulsion of the foetus before it is capable of being born alive.

It may occur:

● Before full development of the foetus

● Between approximately 12–28 weeks of pregnancy

● It also includes spontaneous abortion

Punishment

If a person voluntarily causes miscarriage →

● Imprisonment up to 3 years or fine or both

● If the woman is “quick with child” (advanced stage of pregnancy) →

Imprisonment up to 7 years + fine

● A woman causing miscarriage to herself is also punishable

Exception

The offence is not applicable when miscarriage is caused: 👉 In good faith for saving the life of the woman

Case Law

Dr. Jacob George v. State of Kerala (AIR 1994 SC 430)

The Supreme Court held that a doctor can be held liable if miscarriage is not done in good faith, i.e., not for saving the life of the woman.

Essential Ingredients

● The act must be voluntary

● There must be intention or knowledge

● It should not be accidental

● It must not be done in good faith

2. Miscarriage Without Consent

This is a more serious form of offence.

Punishment

● Imprisonment up to 10 years or life imprisonment + fine

Here, the absence of the woman’s consent makes the offence grave.

3. Death Caused by Act to Cause Miscarriage

If an act done to cause miscarriage results in the death of the woman:

Punishment

● With consent → Up to 10 years imprisonment + fine

● Without consent → Life imprisonment

Important Point

● Intention to cause death is not necessary

● Knowledge of likely consequences is sufficient

4. Injury to Unborn Child

This offence includes acts done before birth with the intention to:

● Prevent the child from being born alive

● Cause the child to die after birth

Essential Elements

1. Act must be done before birth

2. Intention must exist

3. Child is not born alive or dies after birth

5. Causing Death of Quick Unborn Child

This offence is treated similarly to culpable homicide.

Punishment

● Imprisonment up to 10 years + fine

Important Note

● Applies when the foetus is sufficiently developed (quick child)

Case Law

Jabbar v. State of Uttar Pradesh (AIR 1966 All 590)

The court held that merely causing death of a quick unborn child is not sufficient; intention must also be proved.

6. Abandonment and Exposure of Infant

Meaning

When a parent or guardian:

● Abandons a child below 12 years

● Leaves the child in a dangerous situation

Punishment

● Imprisonment up to 7 years or fine or both

Essentials

● Accused must be parent/guardian

● Child must be under 12 years

● Intentional abandonment

7. Concealment of Birth

Meaning

● Secret disposal of the dead body of a child

● Hiding the fact of birth

Punishment

● Imprisonment up to 2 years or fine or both

Case Law

Queen Empress v. Ademma (AIR 1886 ILR Mad 369)

The court held that a woman is said to be “with child” from the moment of conception.

Important Concepts from Your Notes

“Woman with Child” vs “Quick with Child”

● Woman with child → Pregnant woman

● Quick with child → Advanced stage where foetal movement is felt

👉 Punishment is more severe in the second case

Consent of Woman

● With consent → Lesser punishment

● Without consent → More severe punishment (even life imprisonment)

Good Faith Exception

● Acts done to save the life of the woman are not punishable

Conclusion

The provisions relating to offences against unborn and newborn children under the BNS, 2023 aim to safeguard human life at its earliest stage. These laws impose strict punishments and recognize the seriousness of such offences.

Legal awareness, social reform, and strict enforcement are necessary to eliminate such crimes and ensure justice.