Section 88 BNS

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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.

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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.

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BNS Section 88 in Simple Points

1. Protecting Pregnant Women: The law is meant to keep pregnant women safe from people who might try to cause a miscarriage on purpose.
2. Punishment Based on Pregnancy Stage: If someone causes a miscarriage, they can go to jail for three years. If the baby has started moving, the punishment can be seven years.
3. Non-Cognizable Crime: Police need a warrant to arrest someone for this crime, so they can’t arrest right away.
4. Bailable: The person accused of this crime can apply for bail and might not stay in jail while waiting for their trial.
5. Applies to Women Too: If a woman causes her own miscarriage on purpose, this law still applies.

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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: BNS Section 88 is designed to protect pregnant women from having a miscarriage forced upon them. It ensures that any person who intentionally causes a miscarriage, without the purpose of saving the woman’s life, is held accountable.
2. Voluntary Act: The law applies when someone voluntarily causes a miscarriage, meaning the act is done intentionally and not by accident. For example, if a person gives a pregnant woman harmful medicine to cause a miscarriage, it falls under this section.
3. Exceptions: The law allows for exceptions if the miscarriage is caused in good faith to save the woman’s life. For instance, if a doctor performs a procedure to save a woman’s life, even if it results in a miscarriage, it is not punishable under this section.
4. Severity of Punishment: The punishment varies based on the stage of pregnancy. If the miscarriage is caused in early pregnancy, the punishment can be up to three years in prison. However, if the woman is “quick with child,” meaning the fetus has reached a stage where its movements are felt by the mother, the punishment increases to seven years.
5. Applicability to Women: The section also covers cases where a woman intentionally causes her own miscarriage, making it clear that the law is concerned with protecting life.
6. Imprisonment and Fine: Depending on the circumstances, the offender can face both imprisonment and a fine. This dual punishment serves as a deterrent against the crime.
7. Non-Cognizable Offense: The offense is non-cognizable, meaning the police cannot arrest the accused without a warrant. This adds a layer of legal protection for the accused, ensuring that the case is thoroughly investigated before any arrest is made.
8. Bailable Offense: Since the offense is bailable, the accused has the right to apply for bail. This means they can be released from custody while awaiting trial.
9. Court of Trial: The case is tried by a Magistrate of the First Class, which ensures that the trial is conducted with due legal process.
10. Focus on Women’s Rights: The law is centered on protecting the rights and health of pregnant women, making sure they are not subjected to unlawful and harmful actions.

Examples:

• Example 1: A person gives a pregnant woman an herbal concoction that they know will cause a miscarriage without informing her of its effects. The person is liable under BNS Section 88.
• Example 2: A woman, who is aware of her pregnancy, takes harmful drugs to terminate it. Under BNS Section 88, she too can be held responsible.

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Section 88 BNS Punishment

1. 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.
2. Fine: The offender may also be liable to pay a fine in addition to imprisonment.

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BNS 88 bailable or not ?

BNS Section 88 is a bailable offense, meaning the accused can be released on bail pending trial.

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Bharatiya Nyaya Sanhita Section 88

Section	Offense	Punishment	Cognizable or Non-Cognizable	Bailable or Non-Bailable	By What Court Triable
88	Causing miscarriage	Up to 3 years’ imprisonment or fine, or both.	Non-Cognizable	Bailable	Magistrate of the First Class
88	Causing miscarriage when woman is “quick with child”	Up to 7 years’ imprisonment 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.

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BNS Section 88 FAQs

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