BNS 89

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Introduction of Section BNS 89

BNS 89 is a law in the Bharatiya Nyaya Sanhita that deals with the severe crime of causing a miscarriage without the woman’s consent. It ensures that anyone who causes a miscarriage without the woman’s permission faces serious legal consequences, including the possibility of life imprisonment.

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What is section BNS Section 89 ?

BNS Section 89 addresses the offense of causing a miscarriage without the woman’s consent, whether she is in the early stages of pregnancy or further along. The law imposes strict penalties, including life imprisonment or imprisonment for up to ten years, along with a fine.

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BNS Section 89 in Simple Points

Miscarriage Without Consent: The law makes it illegal to cause a miscarriage without the woman’s permission.

Severe Punishments: The person responsible can be punished with life imprisonment or up to ten years in jail, plus a fine.

Immediate Arrest: The police can arrest the person responsible without a warrant because it’s a serious crime.

Non-Bailable: The accused cannot easily get out on bail and might stay in jail until the trial.

Court Trial: The case is handled by a higher court that deals with serious crimes.

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Section 89 BNS Overview

BNS Section 89 addresses the offense of causing a miscarriage without the woman’s consent, whether she is in the early stages of pregnancy or further along. The law imposes strict penalties, including life imprisonment or imprisonment for up to ten years, along with a fine.

BNS Section 89 – 10 Key Points (Causing miscarriage without women’s consent)

1. Consent is Crucial: BNS Section 89 emphasizes that causing a miscarriage without the woman’s consent is a serious crime. This means that no one has the right to interfere with a woman’s pregnancy without her explicit permission, making consent a central element of the law.
2. Applies at Any Pregnancy Stage: The law applies whether the woman is in the early or later stages of pregnancy. This is important because it ensures that all stages of pregnancy are protected under the law, not just when the fetus is more developed.
3. Severe Punishment: The law provides for life imprisonment or up to ten years of imprisonment, depending on the severity of the crime. This shows how seriously the legal system treats this offense.
4. Includes a Fine: Along with imprisonment, the offender can also be fined. The fine is an additional punishment meant to reinforce the seriousness of the crime.
5. Non-Bailable Offense: The crime is non-bailable, meaning that once someone is arrested for this offense, they cannot easily be released on bail. This reflects the gravity of the offense.
6. Cognizable Offense: As a cognizable offense, the police can arrest the accused without needing a warrant. This ensures that the authorities can act quickly to prevent further harm.
7. Tried by Court of Sessions: The offense is tried in a Court of Sessions, which deals with serious criminal cases. This means that the case is given significant legal attention.
8. Protects Women’s Rights: The section is designed to protect women’s rights and their bodily autonomy, ensuring that no one can force a woman into a miscarriage without her consent.
9. Different from General Miscarriage Laws: BNS Section 89 specifically focuses on the lack of consent, making it distinct from other laws that might deal with miscarriage in general.
10. Life Imprisonment as a Deterrent: The possibility of life imprisonment is intended to act as a strong deterrent against anyone who might consider committing this crime.

Example 1:

A man forcibly administers a substance to his partner, causing her to miscarry without her consent. Under BNS Section 89, he could face life imprisonment or a ten-year sentence along with a fine.

Example 2:

A woman is coerced by her family into taking drugs that result in a miscarriage. The family members responsible can be charged under BNS Section 89 and face severe legal consequences, including imprisonment and a fine.

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Section 89 BNS Punishment

Imprisonment: The punishment for causing a miscarriage without a woman’s consent can be as severe as life imprisonment, or imprisonment for up to ten years, depending on the circumstances of the case.

Fine: Along with imprisonment, the offender is also liable to pay a fine, adding a financial penalty to the legal consequences.

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BNS 89 bailable or not ?

BNS Section 89 is non-bailable, meaning the accused cannot automatically get bail and may remain in custody until the court grants bail, which is often more difficult for severe crimes like this.

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Bharatiya Nyaya Sanhita Section 89

Points	Details
Offense	Causing miscarriage without the woman’s consent
Definition	Intentionally causing a miscarriage without the woman’s permission
Punishment	Life imprisonment, or imprisonment up to 10 years, plus a fine
Bailable	No, the offense is non-bailable
Cognizable	Yes, the offense is cognizable; the police can arrest without a warrant
Trial Court	Court of Sessions

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The Bharatiya Nyaya Sanhita (BNS) Section 89 replaces the old Indian Penal Code (IPC) Section 313.

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BNS Section 89 FAQs

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