IPC 315 → BNS 91: Preventing Birth

Quick Summary: IPC 315 vs BNS 91

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 315 deals with preventing birth, 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 preventing birth as BNS 91 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 315 cover?

IPC 315 dealt with preventing birth — act 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 for this offence 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, new complaints relating to preventing birth are filed under BNS Section 91, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 91

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For preventing birth, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 315 carefully to BNS 91.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new preventing birth FIR is filed under BNS 91.
• Law students & citizens: Punishment for preventing birth rises sharply with the seriousness of the harm and the victim — the IPC 315 to BNS 91 change does not lower it.