The causing of death of child in the mother's womb is not homicide under

IPC section 299 Explanation 3 excludes the causing of death of a child still in the mother’s womb from homicide, while distinguishing a living child partly brought forth. English homicide law similarly requires a separately existing living person; destroying a life in the womb may instead constitute a distinct statutory offence. Death after a live birth from prenatal injuries presents a different question.

Current law: BNS section 100 Explanation 3 preserves the corresponding Indian rule, including the qualification for a living child partly brought forth. Earlier IPC liabilities are saved by BNS section 358.