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Intending to cause the miscarriage of Sunita, who is pregnant, Harish gives her a strong herbal…

Section 90(1) of the BNS punishes an act done with intent to cause miscarriage that causes the woman's death, and its Explanation says it is not essential that the offender…

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Intending to cause the miscarriage of Sunita, who is pregnant, Harish gives her a strong herbal preparation. Sunita dies as a result. Which statement about Harish's liability under section 90 of the BNS is correct?

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Correct answer B

Section 90(1) of the BNS punishes an act done with intent to cause miscarriage that causes the woman's death, and its Explanation says it is not essential that the offender knew the act was likely to cause death. So "He is liable even though he did not know that the preparation was likely to cause her death". Her consent is no defence; lack of consent only raises the possible punishment under section 90(2) to imprisonment for life, so the ten-year cap is wrong in that case.

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