Abortion law Brunei

 

Background

"The performance of abortions is prohibited by the Penal Code of Brunei Darussalam (Articles 312-316), except if caused for the good faith purpose of saving the life of the woman. Unlawful abortion is punishable by up to three years in prison and/or a fine.  If performed when the woman is “quick with child,” the person performing the abortion may be punished by up to ten years’ imprisonment and a fine.  A woman performing her own abortion is subject to these same penalties. 

If the person performs the abortion without the consent of the pregnant woman at either stage of pregnancy, he or she may be punished by up to ten years’ imprisonment and a fine.  If the death of the woman results, the penalty  increases to a maximum of ten years’ imprisonment if the woman had consented to the abortion and fifteen years’ imprisonment when she had not. The Code does not define the term “quick”, but it is usually considered to refer to the approximate mid-point of pregnancy.

Although the Government is implementing a policy to provide healthcare for all by the year 2000 through a system of maternal and child health clinics, including 26 located in rural areas, these services do not include family planning. Only information on birth spacing is provided."

Information above has been retrieved from the official UN website. Full text can be found here.

BRUNEI. Penal Code.

Causing of Miscarriage; Injuries to Unborn Children; Exposure of Infants; and Concealment of Birth

312. Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be not cause in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

Explanation: A woman who causes herself to miscarry is within the meaning of this section.

313. Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

314. Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine; and, if the act is done without the consent of the woman, shall be liable to imprisonment for 15 years.

Explanation: It is not essential to this offence that the offender should know that the act is likely to cause death.

315. Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to 10 years, or with fine, or with both.

316. Whoever does any act under such circumstances that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine.

Illustration

A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section.

(cyber.law.harvard.edu/population/abortion/Brunei.abo.htm)

Additional Resources:

WHO Maternal Mortality Statistics, link.

UNICEF Maternal Health Statistics, link.