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.
IPC Section 313 in BNS: Section 89
Causing miscarriage without woman's consent
Section 313 of the Indian Penal Code, 1860 (Causing miscarriage without woman's consent) corresponds to Section 89 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 89 is cognizable, non-bailable, triable by Court of Session; punishment: Imprisonment for life, or imprisonment for 10 years and fine.
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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.
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 89
Full BNS Section 89 and every IPC section it replaced →
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