IPC 313 to BNS 89: Causing miscarriage without woman’s consent
Section 313 IPC (1860) replaced by Section 89 BNS (2023)
IPC 313 to BNS 89 at a Glance
Section 313 IPC (Causing miscarriage without woman’s consent) is now Section 89 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 313 to BNS 89?
Section 313 IPC is now Section 89 BNS. The section now refers to Section 88 BNS instead of the last preceding section. The ingredients and the punishment of imprisonment for life, or imprisonment of either description for up to ten years, with liability to fine, are unchanged.
IPC 313 vs BNS 89: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 313 | 89 |
| Offence | Causing miscarriage without woman’s consent | Same |
| Punishment | Imprisonment for life, or imprisonment of either description for up to ten years. | Same |
| Fine | The offender is also liable to fine. The section prescribes no limit. | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 313 and BNS 89: Bare Act Text Side by Side
Section 313, IPC 1860
Section 89, BNS 2023
Ingredients: IPC 313 vs BNS 89
- The accused voluntarily caused a woman with child to miscarry
- The miscarriage was not caused in good faith for the purpose of saving the life of the woman
- The act was done without the consent of the woman
- Committing the offence of causing miscarriage under Section 88 BNS
- The woman did not consent to the act
- It does not matter whether the woman is quick with child or not
What IPC 313 to BNS 89 Means for Pending Cases
FAQs: IPC 313 to BNS 89
What is the BNS counterpart of Section 313 IPC?▼
Section 89 BNS replaces Section 313 IPC, substituting an express reference to Section 88 BNS for the previous reference to the preceding section.
Is Section 313 IPC bailable?▼
No. The offence is non-bailable, cognizable, and triable exclusively by the Court of Session.
Does Section 313 IPC or Section 89 BNS apply to an act done before 1 July 2024?▼
Offences committed before 1 July 2024 continue under Section 313 IPC, whereas later conduct is governed by Section 89 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 ·