Bharatiya Nyaya Sanhita, 2023
BNS Section 89
Causing miscarriage without woman’s consent
In one line
BNS Section 89 deals with causing miscarriage without woman’s consent and replaces IPC 313.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 89 | Causing miscarriage without women's consent. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
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 89
89. Causing miscarriage without woman’s consent.
Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
What changed from the IPC
- IPC 313 → BNS 89: In place of words "defined in last preceding section" previous section number is mentioned in BNS.
Frequently asked
What was BNS Section 89 in the IPC?
BNS Section 89 (Causing miscarriage without woman’s consent) replaces Section 313 of the Indian Penal Code, 1860. IPC 313 is now BNS 89.
What is the punishment under BNS 89?
Causing miscarriage without women's consent – punishable with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 89 bailable?
Non-bailable: BNS 89. 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 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 88 — Causing miscarriage
- 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
- BNS 94 — Concealment of birth by secret disposal of dead body