IPC 316 → BNS 92: Death of Unborn Child

Quick Summary: IPC 316 vs BNS 92

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 316 (Death of Unborn Child) is now mapped to BNS Section 92.

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 relating to this offence in India 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, all new criminal complaints relating to death of unborn child are filed under BNS Section 92. 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 92

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 92 instead of IPC 316.
• Police officers: Use BNS 92 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 316 ↔ BNS 92 mapping.