Laws protect every human life, even before birth. Bharatiya Nyay Sanhita (BNS) Section 92 ensures justice for unborn children. It penalizes actions that cause the death of a “quick” unborn child. This law replaces IPC Section 316 but retains the same essence. It strengthens legal protection for viable fetuses. In this article, we will understand the meaning, punishment, and real-life cases related to BNS Section 92.
What is Bharatiya Nyay Sanhita Section 92?
BNS Section 92 deals with the offense of causing the death of a “quick” unborn child. A “quick” child means a fetus that has developed enough to survive outside the womb. If an act results in the death of such a child and would be considered culpable homicide if the mother had died, it falls under this section.
Punishment Under Section 92
If found guilty under this section, a person can face:
- Imprisonment of up to ten years
- A fine, as decided by the court This strict punishment ensures that harm to unborn children is taken seriously.
Why is Section 92 Important?
- Protection of Unborn Life – It recognizes the fetus as a separate legal entity.
- Prevention of Violence – Deters attacks on pregnant women.
- Accountability – Holds offenders responsible for harming unborn children.
- Strengthening Legal Framework – Ensures clarity in criminal law related to fetal deaths.
Real-Life Cases Related to Section 92
Legal cases help us understand how courts interpret laws. Let’s look at some cases similar to Section 92 under the IPC.
Case 1: State of Maharashtra v. Dr. S.K. Bansal (2005)
A doctor performed an illegal abortion at a late stage of pregnancy. The fetus was medically capable of survival. The court ruled that the doctor’s actions led to the death of a viable unborn child. He was sentenced under IPC Section 316. If this case occurred today, it would fall under BNS Section 92.
Case 2: Sujit Kumar v. State of Bihar (2012)
A man physically assaulted his pregnant wife. She survived, but the unborn baby did not. The court convicted him for causing the death of a quick unborn child. He was sentenced to ten years in prison. This case highlights the seriousness of attacks leading to fetal deaths.
Case 3: Mohanlal v. State of Rajasthan (2018)
A violent incident led to a fetus’s death at eight months gestation. The accused argued that he did not intend to harm the child. However, the court ruled that intent was not necessary. His actions directly caused the loss of life, making him guilty under the law.
Challenges in Proving Section 92 Cases
Though the law is clear, proving a case under Section 92 can be complex.
- Medical Evidence – A doctor must confirm that the fetus was viable.
- Intent vs. Consequence – Courts examine whether the act was intentional or reckless.
- Burden of Proof – The prosecution must establish that the fetus was at a stage of independent existence.
Role of Medical Experts
Doctors play a crucial role in such cases. They determine:
- The gestational age of the fetus
- Whether the fetus could survive outside the womb
- The cause of fetal death Their testimony helps the court establish whether Section 92 applies.
Comparison: Section 92 vs. IPC Section 316
BNS Section 92 replaces IPC Section 316. However, both laws address the same issue. The key difference is in structure and wording, making the law easier to understand and apply.
| Aspect | IPC Section 316 | BNS Section 92 |
|---|---|---|
| Law it belongs to | Indian Penal Code | Bharatiya Nyay Sanhita |
| Focus | Death of a quick unborn child | Death of a quick unborn child |
| Punishment | Up to 10 years + fine | Up to 10 years + fine |
| Changes | Outdated legal terms | Simplified language |
Judicial Approach to Section 92 Cases
Indian courts take fetal deaths seriously. They ensure that offenders face strict punishment. Judges consider medical reports, witness statements, and forensic evidence. They emphasize that unborn children have legal protection.
Why Awareness About Section 92 Matters
Many people are unaware of this law. Educating society can:
- Help prevent crimes against pregnant women
- Encourage reporting of such offenses
- Ensure justice for unborn children
- Strengthen India’s legal framework
Conclusion
Bharatiya Nyay Sanhita Section 92 is a crucial legal provision. It ensures that harming a viable unborn child is a serious offense. Through case laws, we see how courts have upheld justice. With strict punishment, legal awareness, and medical expertise, this law can help protect unborn lives.
Note
Legal interpretations may vary based on circumstances. Consultation with a legal expert is recommended for specific cases.
Disclaimer
This article is for informational purposes only. It does not constitute legal advice. Readers should seek professional legal guidance for individual cases.
