A takes his pregnant adult partner B, who is not a mentally ill person, to doctor Z under the pretence…
Section 89 of the BNS punishes causing a miscarriage under section 88 "without the consent of the woman", and A, by intentionally instigating it, is an abettor under section…
Choose your answer
A takes his pregnant adult partner B, who is not a mentally ill person, to doctor Z under the pretence of a routine check-up. At A’s intentional instigation, Z knowingly causes a miscarriage without B’s consent. It is not done in good faith to save B’s life and is not a lawful MTP procedure. No living child has been partly brought forth. Which statement fits these proved facts?
Answer and explanation
Correct answer D
Section 89 of the BNS punishes causing a miscarriage under section 88 "without the consent of the woman", and A, by intentionally instigating it, is an abettor under section 45. B did not consent and is the victim, and Explanation 3 to section 100 says causing the death of a child in the mother's womb "is not homicide".
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