Introduction of Section 88 BNS
Section 88 BNS addresses the crime of causing a miscarriage in a woman. The law specifically penalizes anyone who intentionally causes a miscarriage without the purpose of saving the woman’s life. The punishment can vary depending on whether the woman was “quick with child” (i.e., if the fetus had reached a stage where it was clearly felt by the woman). This section is crucial for protecting the rights and health of pregnant women.
What is BNS Section 88 ?
BNS Section 88 is a law that punishes anyone who causes a miscarriage in a pregnant woman on purpose. If someone causes a miscarriage without trying to save the woman’s life, they can be sent to jail. The law also applies to women who cause their own miscarriage on purpose. The punishment depends on how far along the pregnancy is, with stricter penalties if the pregnancy is more advanced.
BNS Section 88 in Simple Points
Section 88 of the Bharatiya Nyaya Sanhita (BNS) deals with the offence of intentionally causing miscarriage. This section punishes anyone who voluntarily causes a miscarriage in a pregnant woman, unless it is done in good faith to save her life. The law also applies if a woman causes her own miscarriage. The severity of punishment depends on the stage of pregnancy – stricter penalties are imposed if the woman is “quick with child” (when the fetus has started moving in the womb).
1. Meaning of Section 88
This section applies when a person:
- Intentionally causes a miscarriage in a pregnant woman.
- Does so without the purpose of saving the woman’s life.
- Includes cases where a woman herself intentionally causes her own miscarriage.
The law differentiates based on pregnancy stage:
- Before quickening (early pregnancy) → lesser punishment.
- After quickening (advanced pregnancy, fetus movement felt) → stricter punishment.
2. Purpose of Section 88
The objectives are:
- To protect the life and health of pregnant women.
- To safeguard the fetus from being unlawfully destroyed.
- To deter forced or illegal abortions outside medical/legal allowances.
- To balance protection with exceptions for saving the woman’s life in emergencies.
3. Essential Ingredients of Section 88
To prosecute under Section 88, it must be proved that:
a. Pregnancy Exists – The woman was pregnant at the time.
b. Voluntary Act – The act of causing miscarriage was intentional, not accidental.
c. Absence of Justification – The act was not done in good faith to save the woman’s life.
d. Knowledge and Consent – Either by the accused or even by the woman herself, knowingly.
e. Stage of Pregnancy – Whether early pregnancy or “quick with child.”
4. Punishment under Section 88
- General Case (before quickening): Imprisonment up to 3 years, or fine, or both.
- When woman is “quick with child”: Imprisonment up to 7 years and fine.
This dual structure ensures stricter punishment as pregnancy advances.
5. Legal Classification of the Offence
- Cognizability: Non-Cognizable – police need a warrant to arrest.
- Bailability: Bailable – accused has right to bail.
- Compoundability: Not Compoundable – cannot be settled privately.
- Triable By: Magistrate of the First Class.
6. Examples of Section 88 in Action
- Example 1: A person gives harmful medicine to a pregnant woman to induce miscarriage. Punishable under Section 88.
- Example 2: A pregnant woman knowingly takes drugs to cause her own miscarriage. She can also be punished under this section.
- Example 3 (Not Punishable): A doctor performs an operation that unintentionally causes miscarriage while saving the woman’s life. This is not an offence.
7. Importance of Section 88
- Protects pregnant women against forced miscarriage.
- Discourages unsafe abortions and harmful practices.
- Recognizes the higher value of advanced pregnancy by imposing harsher punishment.
- Balances women’s safety with medical necessity exceptions.
- Modernizes IPC Section 312 with clearer structuring under BNS.
Section 88 BNS Overview
BNS Section 88 deals with the offense of causing a miscarriage intentionally and without good reason, such as saving the woman’s life. If the miscarriage is caused without a valid reason, the offender can be punished with imprisonment and a fine. The severity of the punishment increases if the woman was “quick with child.”
BNS Section 88 Key- Points
1. Purpose of the Law
The main aim of Section 88 is to protect pregnant women and unborn children from intentional miscarriage caused without a valid reason. The law ensures that no one can force a woman to lose her pregnancy unless it is necessary to save her life.
It recognizes the importance of a woman’s health, dignity, and her right to continue pregnancy safely.
Example: If a man forces his wife to take medicines that will harm her pregnancy, he is guilty under this section.
2. Voluntary Act
The law applies when the act of miscarriage is done intentionally. It is not about accidents or natural causes but about deliberate action. If a person knowingly does something that leads to miscarriage, they are held guilty.
Example: Giving a pregnant woman strong pills or using harmful methods to end her pregnancy on purpose is a voluntary act under this section.
3. Exceptions (Good Faith)
There is one important exception. If a miscarriage is caused in good faith to save the woman’s life, it is not a crime. Doctors and medical professionals are protected if they act to save the woman’s life, even if miscarriage is the result.
Example: A doctor operates on a pregnant woman to save her life from internal bleeding. The baby cannot be saved, but the doctor is not guilty.
4. Severity of Punishment (Stages of Pregnancy)
The punishment depends on the stage of pregnancy:
- Early pregnancy: Jail up to 3 years + fine.
- Quick with child (when the mother can feel the baby’s movement): Jail up to 7 years + fine.
This shows that the law treats later stages of pregnancy more seriously.
Example: Causing miscarriage at 2 months may bring 3 years’ jail. But at 6 months, when the child is quickened, punishment can go up to 7 years.
5. Applicability to Women Themselves
The law is not only for outsiders who cause miscarriage. Even if a woman herself intentionally causes her own miscarriage, she can be punished under this section. This ensures that unborn life is given legal protection.
Example: If a woman knowingly takes harmful drugs to end her pregnancy without medical need, she is also liable.
6. Imprisonment and Fine
The punishment is not just jail. The offender can face both imprisonment and a fine together. This makes the penalty stricter and ensures it acts as a strong warning against such acts.
Example: A person who intentionally gives herbs to a pregnant woman may get 2 years in jail plus a fine decided by the court.
7. Non-Cognizable Offense
This crime is non-cognizable, which means police cannot arrest the accused without a warrant. It gives the accused a chance to be heard before arrest and prevents misuse of the law.
Example: If someone is accused of giving harmful medicine, the police must get a warrant before arresting them.
8. Bailable Offense
Since it is a bailable offence, the accused can apply for bail. This means they can be released from custody while the case is still in trial, instead of being kept in jail.
Example: If a woman is accused of causing her own miscarriage, she can apply for bail and wait for her trial outside jail.
9. Court of Trial
The case is tried by a Magistrate of the First Class. This ensures that the trial is conducted under proper judicial authority, as such cases involve sensitive issues about women’s rights and unborn life.
Example: A woman files a case against her in-laws for forcing her into miscarriage. The trial will take place before a First Class Magistrate.
10. Focus on Women’s Rights & Health
At its core, Section 88 is about protecting women from being forced into losing their pregnancy. It safeguards their health, dignity, and right to make decisions, while also protecting unborn life from unlawful harm.
Example: A woman who is forced by her family to end her pregnancy can approach the law, and the guilty persons will be punished.
Section 88 BNS Punishment
- Imprisonment: The punishment can be up to three years in prison for causing a miscarriage. If the woman is “quick with child,” the imprisonment can extend to seven years.
- Fine: The offender may also be liable to pay a fine in addition to imprisonment.
BNS 88 bailable or not ?
BNS Section 88 is a bailable offense, meaning the accused can be released on bail pending trial.
Bharatiya Nyaya Sanhita Section 88
| Section | Offense | Punishment | Cognizable? | Bailable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 88 | Causing miscarriage (general case) | Imprisonment up to 3 years, or fine, or both | Non-Cognizable | Bailable | Magistrate of the First Class |
| Causing miscarriage when woman is “quick with child” | Imprisonment up to 7 years and fine | Non-Cognizable | Bailable | Magistrate of the First Class | |
| IPC Section 312 | Voluntarily causing miscarriage (without intent to save life) | Up to 3 years’ imprisonment, or fine, or both; If woman is “quick with child” – up to 7 years and fine | Non-Cognizable | Bailable | Magistrate of the First Class |
The Bharatiya Nyaya Sanhita (BNS) Section 88 replaces the old Indian Penal Code (IPC) Section 312.
BNS Section 88 FAQs
What is covered under BNS Section 88?
BNS Section 88 covers the intentional act of causing a miscarriage in a woman without a valid reason like saving her life.
What is the punishment for causing a miscarriage?
The punishment can be up to three years in prison or a fine, or both. If the woman is “quick with child,” the imprisonment can be up to seven years.
Is BNS Section 88 a bailable offense?
Yes, it is a bailable offense, meaning the accused can apply for bail.
Who tries cases under BNS Section 88?
Cases under this section are tried by a Magistrate of the First Class.
Does the law apply if a woman causes her own miscarriage?
Yes, the law also applies to a woman who causes her own miscarriage.
Conclusion
BNS Section 88 plays a vital role in protecting the rights and health of pregnant women while ensuring that unborn life is not unlawfully terminated. By differentiating punishments based on the stage of pregnancy, the law recognizes the seriousness of the offence at advanced stages. At the same time, it provides exceptions for cases where miscarriage is caused in good faith to save the woman’s life, thereby balancing compassion with justice. Compared to IPC Section 312, BNS Section 88 offers a clearer, more structured approach, making it easier for courts and society to enforce protection for women against forced or illegal miscarriages.
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Finished with BNS 88 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 89 : Causing miscarriage without woman’s consent .
- https://marriagesolution.in/bns_section/bns-89/
- BNS 90 : Death caused by act done with intent to cause miscarriage
- https://marriagesolution.in/bns_section/bns-90/
- BNS 91 : Act done with intent to prevent child being born alive or to cause it to die after birth .
- https://marriagesolution.in/bns_section/bns-91/
- BNS Section 92 : Causing death of quick unborn child by act amounting to culpable homicide .
- https://marriagesolution.in/bns_section/bns-section-92/
Of Offences Against Child
- Section 93 BNS : Exposure and abandonment of child under twelve years, by parent or person having care of it
- https://marriagesolution.in/bns_section/section-93-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list