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.
IPC Section 312 in BNS: Section 88
Causing miscarriage
Section 312 of the Indian Penal Code, 1860 (Causing miscarriage) corresponds to Section 88 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 88 is non-cognizable, bailable, triable by Magistrate of the first class; punishment: Imprisonment for 3 years, or fine, or both.
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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.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 88
Full BNS Section 88 and every IPC section it replaced →
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