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IPC 315 → BNS 91: Preventing Birth

IPC Section 315 (Preventing Birth) under the old Indian Penal Code 1860 is now covered under Section 91 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

315

Preventing Birth

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

New Law — BNS 2023

91

Preventing Birth

Punishment / Liability
Same - Up to 10 years
Key Change / Note
No major change

Facing a case under BNS 91?

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Quick Summary: IPC 315 vs BNS 91

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 315 (Preventing Birth) is now mapped to BNS Section 91.

What did IPC 315 cover?

IPC 315 dealt with preventing birthact done with intent to prevent child being born alive or to cause it to die after birth. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 91: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to preventing birth are filed under BNS Section 91. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 91

Same - Up to 10 years

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 91 instead of IPC 315.
  • Police officers: Use BNS 91 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 315 ↔ BNS 91 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 315?

IPC Section 315 (Preventing Birth) is now covered under Section 91 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 91?

Same - Up to 10 years

What is the key difference between IPC 315 and BNS 91?

No major change

Is IPC 315 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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