Causing miscarriage without woman’s consent
What this section does
Creates an aggravated form of the miscarriage offence under section 88 where the miscarriage is caused without the woman's consent. The absence of consent applies regardless of whether the woman is quick with child, and the punishment is significantly higher, extending to life imprisonment.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment for life, or imprisonment of either description for a term which may extend to 10 years, and fine.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused committed the offence of causing miscarriage as described in section 88
- The miscarriage was caused without the consent of the woman
- It is immaterial whether the woman was quick with child or not
Derived from IPC s.313.
Read the official text
For the binding statutory text of BNS Section 89, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 89 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.