IPC 316 vs BNS 316 – Death of Quick Unborn Child by Culpable Homicide
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 316
Causing death of quick unborn child by act amounting to culpable homicide
About IPC Section
Section 316 of the Indian Penal Code, 1860, deals with causing the death of a quick unborn child by an act amounting to culpable homicide. This provision punishes anyone who intentionally or recklessly causes fatal harm to a viable fetus, emphasizing the protection of unborn human life.
Key points:
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Applies when a person causes death of a quick unborn child (i.e., a fetus with perceptible movement) by an act that qualifies as culpable homicide.
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Covers both physical acts and administration of substances intended to cause fetal death.
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Punishment: Imprisonment for life, or up to 10 years, and may include fine.
Example: A person administering harmful substances to a pregnant woman, knowing it will cause death of a viable fetus, falls under IPC 316. This law ensures strict legal protection for viable unborn children and accountability for life-threatening acts.
Section: BNS 316
Causing death of quick unborn child by act amounting to culpable homicide
About BNS Section
Section 316 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 316. It punishes any individual whose act results in the death of a quick unborn child under circumstances amounting to culpable homicide, safeguarding unborn life.
Key points:
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Covers all acts causing death of viable unborn children through intentional or reckless behavior.
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Punishment: Imprisonment for life, or up to 10 years, and may include fine (same as IPC).
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Ensures deterrence against acts harming unborn children and legal accountability for culpable homicide.
Example: A person performing a violent act leading to death of a quick unborn child is liable under BNS 316. This ensures legal protection of unborn life and accountability for fatal acts.