Bharatiya Nyaya Sanhita, 2023
BNS Section 88
Causing miscarriage
In one line
BNS Section 88 deals with causing miscarriage and replaces IPC 312.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 88 | Causing miscarriage. | Imprisonment for 3 years, or fine, or both. | Non-cognizable. | Bailable. | Magistrate of the first class. |
| 88 | If the woman be quick with child. | Imprisonment for 7 years and fine. | Non-cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 88
88. Causing miscarriage.
Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused 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 three 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 seven years, and shall also be liable to fine. Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
Frequently asked
What was BNS Section 88 in the IPC?
BNS Section 88 (Causing miscarriage) replaces Section 312 of the Indian Penal Code, 1860. IPC 312 is now BNS 88.
What is the punishment under BNS 88?
Causing miscarriage – punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by magistrate of the first class.
Is BNS 88 bailable?
Bailable: BNS 88, 88. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 83 — Marriage ceremony fraudulently gone through without lawful marriage
- BNS 84 — Enticing or taking away or detaining with criminal intent a married woman
- BNS 85 — Husband or relative of husband of a woman subjecting her to cruelty
- BNS 86 — Cruelty defined
- BNS 87 — Kidnapping, abducting or inducing woman to compel her marriage, etc
- BNS 89 — Causing miscarriage without woman’s consent
- BNS 90 — Death caused by act done with intent to cause miscarriage
- BNS 91 — Act done with intent to prevent child being born alive or to cause to die after birth
- BNS 92 — Causing death of quick unborn child by act amounting to culpable homicide
- BNS 93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it