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Section 86 BNS to Section 92 BNS| Section 87 BNS| Section 89 BNS| Section 90 BNS| Section 91 BNS

Updated: Dec 23, 2023

Section 85 of The Bharatiya Nyaya Sanhita (BNS):


Husband or relative of husband of woman subjecting her to cruelty.


Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.


Explanation.—For the purposes of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.


Section 86 of The Bharatiya Nyaya Sanhita (BNS):


Cruelty defined


For the purposes of section 85, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or


(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.


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Section 87 of The Bharatiya Nyaya Sanhita (BNS):


Kidnapping, abducting or inducing woman to compel her marriage, etc.


Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.


Of the causing of miscarriage, etc.


Section 88 of The Bharatiya Nyaya Sanhita (BNS):


Causing miscarriage.


Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.


Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.


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Section 89 of The Bharatiya Nyaya Sanhita (BNS):


Causing miscarriage without woman's consent.


Whoever commits the offence under section 86 without the consent of the woman,

whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.


Section 90 of The Bharatiya Nyaya Sanhita (BNS):


Death caused by act done with intent to cause miscarriage.


(1) 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.


(2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section.


Explanation.—It is not essential to this offence that the offender should know that the act is likely to cause death.


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Section 91 of The Bharatiya Nyaya Sanhita (BNS):


Act done with intent to prevent child being born alive or to cause it to die after birth.


Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both.


Section 92 of The Bharatiya Nyaya Sanhita (BNS):


Causing death of quick unborn child by act amounting to culpable homicide.


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.


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Section 86 BNS| Section 87 BNS| Section 89 BNS| Section 90 BNS| Section 91 BNS| Section 92 BNS|

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