BNS 89 : Causing miscarriage without woman’s consent .

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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 ?

The Bharatiya Nyaya Sanhita (BNS), 2023 has replaced the Indian Penal Code (IPC), 1860, bringing significant reforms in India’s criminal justice system. One of the most important provisions under the BNS is Section 89, which deals with the offense of causing miscarriage without a woman’s consent.

This section ensures the protection of women’s bodily rights, dignity, and autonomy. It criminalizes any act of forcing or tricking a woman into miscarriage without her approval, prescribing severe punishments for the offender.

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BNS Section 89 in Simple Points

• Who can be punished?
  Any person who causes or attempts to cause miscarriage without consent.
• Punishment:
  • Life imprisonment, or
  • Imprisonment up to 10 years, and
  • Fine
• Nature of Offense:
  • Cognizable → Police can arrest without a warrant.
  • Non-bailable → The accused cannot get bail easily.
  • Triable by Court of Sessions → A higher-level court handles such cases.

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Bare Act – Section 89 BNS

“Whoever, without the consent of the woman, causes her to miscarry, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Explanation of Section 89

1. “Whoever”
   • This means any person (not limited to doctors or family members).
   • It can be a husband, relative, stranger, or even a medical practitioner—if they act without the woman’s consent.
2. “Without the consent of the woman”
   • Consent is the key element.
   • If a woman willingly agrees to terminate her pregnancy (covered under BNS Section 88 and MTP Act, 1971), it is not punishable.
   • But if consent is missing—whether by trick, force, pressure, or secrecy—it becomes a serious crime.
3. “Causes her to miscarry”
   • Miscarriage means ending a pregnancy before the child is born.
   • This can be done by:
     • Giving medicines or harmful substances,
     • Using force or physical assault,
     • Performing an illegal surgical procedure.
   • Even if the miscarriage attempt fails, the attempt itself is punishable.
4. “Shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years”
   • Punishment is very strict.
   • The court can sentence the accused to:
     • Life imprisonment, or
     • Imprisonment up to 10 years.
   • The choice depends on how serious the crime was.
5. “And shall also be liable to fine”
   • In addition to jail, the accused will also have to pay a fine.
   • The amou

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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)

10 Key Points Explained in Detail

1. Consent is Crucial
The central idea of this section is that no one can interfere with a woman’s pregnancy without her explicit consent. Consent is the foundation of this law, meaning the act becomes a crime even if the accused believed it was for the woman’s benefit. Without her permission, it is always illegal.

2. Applies at Any Pregnancy Stage
Unlike some provisions that focus on the later stages of pregnancy, this law applies at all stages—whether early pregnancy or advanced. This ensures that a woman’s rights are fully protected throughout her pregnancy.

3. Severe Punishment
The punishment is extremely strict, reflecting the seriousness of the crime. Offenders can face up to 10 years of imprisonment, and in the most severe cases, life imprisonment. Such harsh sentences are meant to show that this offence is treated on par with other grave crimes.

4. Includes a Fine
Along with imprisonment, the offender may also be required to pay a fine. This dual punishment—custodial and financial—reinforces the severity of the offence and ensures accountability.

5. Non-Bailable Offense
This crime is non-bailable, which means the accused does not have the automatic right to bail. Only the court can decide whether to grant bail after carefully considering the case. This provision ensures the victim’s safety and the seriousness of the case.

6. Cognizable Offense
Being cognizable, the offence allows police to arrest the accused without a warrant. This enables immediate action to protect the woman and prevent further harm.

7. Tried by Court of Sessions
Cases under Section 89 are tried in a Court of Sessions, which deals with major criminal cases. This ensures that cases are handled by senior judges with the authority to deliver strong punishments.

8. Protects Women’s Rights
This section plays a vital role in upholding women’s bodily autonomy and reproductive rights. It makes clear that no one—not even family members, doctors, or spouses—can interfere with a pregnancy unless the woman herself gives permission.

9. Different from General Miscarriage Laws
Other sections of BNSS deal with miscarriage in cases where the woman may have consented, or where medical reasons exist. But Section 89 stands out because it specifically punishes the absence of consent, making it unique and far stricter.

10. Life Imprisonment as a Deterrent
The provision for life imprisonment serves as a powerful deterrent. It warns society that forcing a miscarriage without a woman’s consent is one of the most serious violations of her rights and will not be tolerated under the law.

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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Important Case Laws on Miscarriage Without Consent

1. Imtiaz Ismail Shaikh v. State of Gujarat (2008)

Facts:
A woman, around two months pregnant, was given medicines by the accused to secretly terminate her pregnancy. She had not agreed to the procedure, and the act was carried out without her knowledge.

Court’s Reasoning:
The Gujarat High Court observed that pregnancy and childbirth are matters where the woman’s consent is the most important factor. Any attempt to interfere with her pregnancy without consent is a direct violation of her dignity and bodily rights.

Decision:
The accused was convicted under IPC Section 313 (now BNS Section 89). The court clarified that even if the woman survives the act, the offense remains serious enough to justify severe punishment, including life imprisonment.

Relevance to BNS 89:
This case proves that administering harmful substances to force miscarriage without consent is punishable, regardless of whether the miscarriage was successful.

2. Madhavi v. State of Maharashtra (2005)

Facts:
In this case, a woman’s husband and in-laws forced her to undergo an abortion against her wishes. She was not consulted or given the choice to continue her pregnancy.

Court’s Reasoning:
The Bombay High Court ruled that the absence of free and informed consent makes the act criminal. It further linked the law to Article 21 of the Constitution, which guarantees the right to personal liberty and dignity.

Decision:
The court convicted the accused, holding that family pressure or social considerations cannot override a woman’s right to make decisions about her own pregnancy.

Relevance to BNS 89:
This case shows that even if family members or relatives force abortion, the law treats it as a crime when the woman’s consent is missing.

3. Anupaben Vidyutbhai Desai v. State of Gujarat (2010)

Facts:
A woman complained that her in-laws tried to terminate her pregnancy without her approval. Although the attempt failed and the pregnancy continued, she approached the court under Section 313 IPC.

Court’s Reasoning:
The Gujarat High Court clarified that the offense under Section 313 IPC (now BNS Section 89) includes both causing and attempting to cause miscarriage without consent. The law is designed not only to punish successful acts but also to prevent attempts.

Decision:
The court upheld that even a failed attempt is punishable, and the absence of consent itself is sufficient to make the act criminal.

Relevance to BNS 89:
This case highlights that actual miscarriage is not necessary. The attempt itself is enough for criminal liability.

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Why These Cases Matter for BNS Section 89

• All three judgments were given under IPC Section 313.
• With the new BNS, Section 89 has carried forward the same principles.
• These rulings highlight:
  • Consent is central to pregnancy-related decisions.
  • Attempt is enough for criminal liability.
  • The law protects women’s bodily integrity and dignity.

Adding these case laws to your blog makes it legally credible and more useful for law students, professionals, and researchers.

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Difference between IPC 313 and BNS 89 :

IPC Section 313	BNS Section 89
Causing miscarriage without woman’s consent	Causing miscarriage without woman’s consent
Punishable with life imprisonment or up to 10 years + fine	Same punishment
Non-bailable, cognizable	Non-bailable, cognizable

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Bharatiya Nyaya Sanhita Section 89 Quick Summary.

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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