IPC 316 → BNS 92: Death of Unborn Child

Quick Summary: IPC 316 vs BNS 92

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 316 deals with death of unborn child, 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 of unborn child as BNS 92 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 316 cover?

IPC 316 dealt with death of unborn child — causing death of quick unborn child by act amounting to culpable homicide. 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 92: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to death of unborn child are filed under BNS Section 92, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 92

Same - Up to 10 years

Practical implications for advocates, police & citizens

• Advocates: For death of unborn child, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 316 carefully to BNS 92.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new death of unborn child FIR is filed under BNS 92.
• Law students & citizens: Punishment for death of unborn child rises sharply with the seriousness of the harm and the victim — the IPC 316 to BNS 92 change does not lower it.