BNS Section 88 – Causing miscarriage

Amit Kapoor06 mins

IPC Section – 312

Non Cognizable
punishable with imprisonment for three years, or fine
or both. If the woman be quick with child, shall be
punished with imprisonment which may extend to
seven years and with fine

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.

Key Points of BNS-88

Section BNS-88 of the Bharatiya Nyaya Sanhita (BNS), which replaces the Indian Penal Code (IPC), specifically addresses the offense of causing a miscarriage and outlines strict penalties for those who cause a woman to miscarry without valid medical or lawful reasons.

1. Voluntarily Causing Miscarriage

  • Definition: Any act that deliberately results in a woman losing her pregnancy is considered “voluntarily causing miscarriage.”
  • Punishment: If the miscarriage is caused without “good faith” (meaning, without a valid medical or legal justification, such as saving the woman’s life), the offender faces imprisonment for up to three years, a fine, or both.

2. Miscarriage in Good Faith

  • Exception: The law provides an exception if the miscarriage is caused in good faith to save the woman’s life. This means that a medical procedure that leads to a miscarriage for life-saving purposes will not be punishable under this section.

3. Woman “Quick with Child”

  • Definition: “Quick with child” refers to the stage of pregnancy when the fetus is perceptibly moving in the womb, typically around 16 to 20 weeks.
  • Punishment: If the woman is quick with child and a miscarriage is caused without good faith, the punishment increases to imprisonment for up to seven years and may include a fine.

4. Different Punishments Based on Circumstances

  • Earlier Stage of Pregnancy: If the miscarriage occurs at an earlier stage of pregnancy (before the woman is quick with child), the maximum punishment is three years of imprisonment.
  • Advanced Stages of Pregnancy: If the woman is in the advanced stages of pregnancy (quick with child), the punishment becomes more severe, with a maximum sentence of seven years imprisonment.

5. Good Faith Exemption

  • Good Faith: The term “good faith” is central to this law. If the miscarriage is performed to protect the health or life of the woman, no offense will be considered to have occurred. This covers medical professionals acting in emergencies.

6. Application and Importance

  • Protection of Women: This section is designed to protect women from illegal or unsafe abortions while ensuring that necessary medical interventions are allowed. It penalizes those who deliberately cause harm, while safeguarding those who act in good faith to protect the woman’s health.

Summary of BNS-88:

  • Offense: Causing a miscarriage.
    • Punishment: Imprisonment for 3 years, or a fine, or both.
    • Cognizable or Non-cognizable: Non-cognizable.
    • Bailable or Non-bailable: Bailable.
    • Court: Triable by a Magistrate of the First Class.
  • Offense if the woman is quick with child:
    • Punishment: Imprisonment for 7 years and a fine.
    • Cognizable or Non-cognizable: Non-cognizable.
    • Bailable or Non-bailable: Bailable.
    • Court: Triable by a Magistrate of the First Class.

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