IPC 314 → BNS 90: Death by Miscarriage

Quick Summary: IPC 314 vs BNS 90

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 314 deals with death by miscarriage, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers death by miscarriage as BNS 90 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 314 cover?

IPC 314 dealt with death by miscarriage — death caused by act done with intent to cause miscarriage. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 90: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to death by miscarriage are filed under BNS Section 90, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 90

Same - Up to 10 years or Life

Practical implications for advocates, police & citizens

• Advocates: For death by miscarriage, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 314 carefully to BNS 90.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new death by miscarriage FIR is filed under BNS 90.
• Law students & citizens: Punishment for death by miscarriage rises sharply with the seriousness of the harm and the victim — the IPC 314 to BNS 90 change does not lower it.