IPC 312→BNS 88

IPC 312 to BNS 88: Causing miscarriage

Section 312 IPC (1860) replaced by Section 88 BNS (2023)

View IPC Section 312 →View BNS Section 88 →

IPC 312 to BNS 88 at a Glance

Section 312 IPC (Causing miscarriage) is now Section 88 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 312 to BNS 88?

Section 312 IPC is succeeded by Section 88 BNS. The heading, statutory text, three-year penalty, seven-year penalty when quick with child, and the Explanation remain unchanged in substance.

IPC 312 vs BNS 88: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31288
OffenceCausing miscarriageSame
PunishmentImprisonment of either description for up to three years; if the woman be quick with child, imprisonment of either description for up to seven years.Same
FineFine may be imposed instead of or in addition to imprisonment under the first limb. If the woman be quick with child, the offender is also liable to fine.Same
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByMagistrate of the first classSame

IPC 312 and BNS 88: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 312, IPC 1860

312. Causing miscarriage.—Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.
BNS 2023 (in force)

Section 88, BNS 2023

Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation.—A woman who causes herself to miscarry, is within the meaning of this section.

Ingredients: IPC 312 vs BNS 88

Under IPC 312
  1. The woman was with child
  2. The accused voluntarily caused the woman to miscarry
  3. The miscarriage was not caused in good faith for the purpose of saving the life of the woman
  4. If the woman was quick with child, the enhanced sentence applies
Under BNS 88
  1. Voluntarily causing a woman with child to miscarry
  2. Miscarriage not caused in good faith for the purpose of saving the life of the woman
  3. Enhanced punishment where the woman is quick with child
  4. Application to a woman who causes herself to miscarry

What IPC 312 to BNS 88 Means for Pending Cases

For Section 312 IPC (now Section 88 BNS): an act done before 1 July 2024 is prosecuted under Section 312 IPC, and an act done on or after that date under Section 88 BNS. Because the offence is non-cognizable, the police cannot arrest without a warrant, and cannot investigate without the order of a Magistrate under Section 155(2) CrPC.

FAQs: IPC 312 to BNS 88

What is the BNS equivalent of Section 312 IPC?▼

Section 88 BNS replaces Section 312 IPC without altering the ingredients, penalties, or the Explanation.

Is Section 312 IPC compoundable?▼

Yes. Under Section 320(2) CrPC, the offence is compoundable with the permission of the court by the woman to whom miscarriage was caused.

Does Section 312 IPC or Section 88 BNS apply to an act done before 1 July 2024?▼

Allegations relating to conduct prior to 1 July 2024 proceed under Section 312 IPC, whereas later conduct falls under Section 88 BNS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·