89. 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.
BNS Section 89: Causing miscarriage without woman’s consent
Section 89 of the Bharatiya Nyaya Sanhita, 2023 deals with causing miscarriage without woman’s consent. It replaces IPC 313 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 89 is cognizable and non-bailable.
Bail, cognizability and punishment
| 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: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 89
IPC sections replaced
- IPC 313: Causing miscarriage without woman's consent
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