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BNS Section 88: Causing miscarriage

Section 88 of the Bharatiya Nyaya Sanhita, 2023 deals with causing miscarriage. It replaces IPC 312 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 88 is non-cognizable and bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
88Causing miscarriage.Imprisonment for 3 years, or fine, or both.Non-cognizableBailableMagistrate of the first class
88If the woman be quick with child.Imprisonment for 7 years and fine.Non-cognizableBailableMagistrate of the first class

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 88

88. 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.

Marriage ceremony fraudulently gone through without lawful marriage.

Enticing or taking away or detaining with criminal intent a married woman.

Husband or relative of husband of a woman subjecting her to cruelty.

Cruelty defined.

Kidnapping, abducting or inducing woman to compel her marriage, etc.

Causing miscarriage.

Causing miscarriage

without woman

consent.

Death caused by act done with intent to cause miscarriage.

Act done with intent to prevent child being born alive or to cause to die after birth.

Causing death of quick unborn child by act amounting to culpable homicide.

Exposure and abandonment of child under twelve years of age, by parent or person having care of it.

Concealment of birth by secret disposal of dead body.

Hiring, employing or engaging a child to commit an offence.

Procuration of child.

Kidnapping or abducting child under ten years of age with intent to steal from its person.

IPC sections replaced

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