Section 88 BNS: Causing miscarriage
Bharatiya Nyaya Sanhita, 2023
Section 88 BNS at a Glance
Section 88 BNS deals with causing miscarriage. It is bailable and non-cognizable, triable by Magistrate of the first class; it replaced Section 312 IPC on 1 July 2024.
Imprisonment of either description for up to three years; if the woman be quick with child, imprisonment of either description for up to seven years.
Section 88 BNS Bare Act Text
88. 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.
ExplanationA woman who causes herself to miscarry, is within the meaning of this section.
Source: Section 88, Bharatiya Nyaya Sanhita, 2023
Section 88 BNS in Simple Words
Section 88 of the Bharatiya Nyaya Sanhita (BNS) deals with voluntarily causing a woman with child to miscarry. It applies to any person who voluntarily causes a pregnant woman to miscarry, except when the miscarriage is caused in good faith for the purpose of saving the life of the woman. Under the Explanation to this section, a woman who causes herself to miscarry is also within the meaning of this section.
This section treats the unlawful ending of a pregnancy as a criminal act, with a higher punishment when the woman is quick with child, meaning the stage of pregnancy where foetal movement is felt. In practice, it applies to unlawful miscarriages outside good-faith life-saving treatment or lawful medical termination of pregnancy governed by the Medical Termination of Pregnancy Act, 1971.
Under Section 88 BNS, the offence is punishable with imprisonment of either description for a term which may extend to three years, or with fine, or with both. If the woman is quick with child, the offender is punishable with imprisonment of either description for up to seven years, and is also liable to fine.
Ingredients of Section 88 BNS
- Voluntarily causing a woman with child to miscarry
- Miscarriage not caused in good faith for the purpose of saving the life of the woman
- Enhanced punishment where the woman is quick with child
- Application to a woman who causes herself to miscarry
Punishment Under Section 88 BNS
Imprisonment of either description for up to three years; if the woman be quick with child, imprisonment of either description for up to seven years.
Fine 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.
Voluntarily causing a woman with child to miscarry carries imprisonment of either description for up to three years, or fine, or both. Where the woman is quick with child, imprisonment extends up to seven years, and the offender is also liable to fine. The offence is non-cognizable and bailable, triable by a Magistrate of the first class, and compoundable by the woman with the permission of the court.
Example of Section 88 BNS
When Section 88 BNS Does Not Apply
- The miscarriage was caused in good faith for the purpose of saving the life of the woman
- The woman was not with child at the time of the alleged act
- The accused did not voluntarily cause the miscarriage
- The pregnancy was terminated by a registered medical practitioner in accordance with the Medical Termination of Pregnancy Act, 1971
Section 88 BNS in the IPC (Previous Law)
Section 88 BNS replaces Section 312 IPC from the old criminal code.
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.
View IPC Section 312 →FAQs on Section 88 BNS
What does Section 88 BNS punish?▼
It punishes voluntarily causing a woman with child to miscarry, except where the miscarriage is caused in good faith for the purpose of saving the woman's life. Under the Explanation, a woman who causes herself to miscarry is also covered.
Is consent enough to avoid punishment under Section 88 BNS?▼
No, consent by itself does not make the act lawful under this section. Even a woman who causes herself to miscarry is covered unless the miscarriage is caused in good faith to save her life or is a lawful termination under the Medical Termination of Pregnancy Act, 1971.
What is the punishment under Section 88 BNS?▼
The usual punishment is imprisonment of either description for up to 3 years, or fine, or both. If the woman is quick with child, the punishment extends to imprisonment of either description for up to 7 years, and the offender is also liable to fine.
Does Section 88 BNS apply today?▼
Yes. Section 88 BNS is in force under the Bharatiya Nyaya Sanhita, 2023 and continues to punish the unlawful causing of miscarriage.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·