IPC 313→BNS 89

IPC 313 to BNS 89: Causing miscarriage without woman’s consent

Section 313 IPC (1860) replaced by Section 89 BNS (2023)

View IPC Section 313 →View BNS Section 89 →

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

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31389
OffenceCausing miscarriage without woman’s consentSame
PunishmentImprisonment for life, or imprisonment of either description for up to ten years.Same
FineThe offender is also liable to fine. The section prescribes no limit.Same
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 313 and BNS 89: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 313, IPC 1860

313. Causing miscarriage without woman’s consent.—Whoever commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, 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.
BNS 2023 (in force)

Section 89, BNS 2023

Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, 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.

Ingredients: IPC 313 vs BNS 89

Under IPC 313
  1. The accused voluntarily caused a woman with child to miscarry
  2. The miscarriage was not caused in good faith for the purpose of saving the life of the woman
  3. The act was done without the consent of the woman
Under BNS 89
  1. Committing the offence of causing miscarriage under Section 88 BNS
  2. The woman did not consent to the act
  3. It does not matter whether the woman is quick with child or not

What IPC 313 to BNS 89 Means for Pending Cases

For Section 313 IPC (now Section 89 BNS): an act done before 1 July 2024 is prosecuted under Section 313 IPC, and an act done on or after that date under Section 89 BNS. Because the offence is cognizable, the police may register a first information report and arrest without a warrant.

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 ·