IPC 317 vs BNS 317
● Retained in BNSCausing death of quick unborn child by act not amounting to culpable homicide
Section 317 of the Indian Penal Code, 1860, deals with causing the death of a quick unborn child by an act not amounting to culpable homicide. This provision punishes acts that result in the death of a viable fetus without meeting the conditions for culpable homicide, ensuring protection of unborn life while distinguishing severity levels of offenses.
Key points:
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Applies when a person causes death of a quick unborn child unintentionally or through negligence, without intent amounting to culpable homicide.
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Covers acts such as reckless or dangerous behavior leading to fetal death.
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Punishment: Imprisonment up to 3 years, or fine, or both.
Example: A person engaging in reckless physical activity that unintentionally causes the death of a viable fetus falls under IPC 317. The law ensures legal accountability for negligent acts harming unborn children while differentiating them from culpable homicide.
Causing death of quick unborn child by act not amounting to culpable homicide
Section 317 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 317. It punishes individuals whose acts unintentionally cause death of a quick unborn child without qualifying as culpable homicide, ensuring protection of fetal life.
Key points:
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Covers negligent or reckless acts resulting in fetal death, not amounting to culpable homicide.
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Punishment: Imprisonment up to 3 years, or fine, or both (same as IPC).
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Ensures deterrence against negligent behavior causing harm to unborn children.
Example: A person accidentally causing fatal injury to a viable fetus during a physical altercation is liable under BNS 317. This ensures legal accountability for acts resulting in fetal death without intent.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 317 to BNS BNS 317.