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.
- Introduction of Section 88 BNS
- What is BNS Section 88 ?
- BNS Section 88 in Simple Points
- Section 88 BNS Overview
- Section 88 BNS Punishment
- BNS 88 bailable or not ?
- Bharatiya Nyaya Sanhita Section 88
- BNS Section 88 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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
1. How Does the Law Protect Pregnant Women?
This law is designed to protect pregnant women from harm, particularly from anyone who might try to cause a miscarriage intentionally. It ensures that a woman’s pregnancy is safeguarded from interference by others or even from herself in certain situations.
2. What is the Punishment for Causing a Miscarriage?
The punishment depends on the stage of pregnancy. If someone causes a miscarriage before the baby has started moving in the womb (quickening), the punishment can be up to three years in prison. If the baby has started moving, the punishment becomes harsher—up to seven years in prison—because the law treats it as a more serious stage of pregnancy.
3. Is This a Cognizable or Non-Cognizable Offence?
The offence is non-cognizable, which means the police cannot arrest the accused immediately. They need a warrant from the court before making an arrest. This ensures judicial oversight before taking strict action.
4. Can the Accused Get Bail?
Yes, the offence is bailable, meaning the accused has the right to apply for bail. If granted by the court, they may not have to stay in jail while waiting for the trial. This shows that while the crime is punishable, it is not treated at the same level as more severe violent crimes.
5. Does the Law Apply to Women Themselves?
Yes. The law also applies if a pregnant woman causes her own miscarriage intentionally. This means that not only third parties but also women who deliberately terminate their pregnancy outside legal allowances can be punished under this section.
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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 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.
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.
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