BNS Section 89 – Causing miscarriage without woman’s consent

Amit Kapoor03 mins

IPC Section – 313

Cognizable
punishable imprisonment for life or imprisonment for
ten years and fine

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.

Key Points of BNS-89

Section BNS-89 of the Bharatiya Nyaya Sanhita (BNS) addresses the serious offense of causing a miscarriage without the woman’s consent. It imposes harsh punishments on those who violate the law, regardless of the stage of the woman’s pregnancy.

1. Offense Without Consent

  • Definition: If a person causes a miscarriage without the woman’s consent, it is considered a serious criminal offense under this section, regardless of how far along the pregnancy is.

2. Punishment Severity

  • Imprisonment for Life: The most severe punishment for this offense is life imprisonment.
  • Imprisonment up to 10 Years: Alternatively, the court may impose imprisonment for up to ten years.
  • Fine: In addition to imprisonment, the offender may be liable to pay a fine.

3. Applicability Whether the Woman is “Quick with Child” or Not

  • Broad Application: This law applies irrespective of whether the woman is “quick with child” (i.e., when the fetus is perceptibly moving in the womb) or not, ensuring that the offense is treated seriously at any stage of pregnancy.

4. Objective of the Law

  • Protecting Autonomy: The section is designed to protect a woman’s autonomy over her reproductive choices, safeguarding her body from non-consensual harm and imposing strict penalties on violators.

Summary of BNS-89:

  • Offense: Causing a miscarriage without the woman’s consent.
  • Punishment: Life imprisonment or up to 10 years of imprisonment, along with a fine.
  • Applicability: Applies regardless of whether the woman is “quick with child.”
  • Objective: To protect women’s reproductive rights and ensure severe punishment for non-consensual actions.

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