Causing miscarriage
What this section does
Punishes voluntarily causing a pregnant woman to miscarry, unless done in good faith to save the woman's life. A higher punishment applies if the woman is quick with child. Notably, a woman who causes herself to miscarry is also covered by this section.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- If the woman is not quick with child: imprisonment of either description up to 3 years, or fine, or both. If the woman is quick with child: imprisonment of either description up to 7 years, and fine.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused voluntarily caused a woman with child to miscarry
- The miscarriage was not caused in good faith for the purpose of saving the life of the woman
Practitioner note
The good-faith exception (saving the woman's life) is a complete defence. A woman who causes her own miscarriage falls within this section by virtue of the Explanation.
Derived from IPC s.312.
Read the official text
For the binding statutory text of BNS Section 88, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 88 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.