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.
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.
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Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 88
IPC sections replaced
- IPC 312: Causing miscarriage
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