Section 89 BNS: Causing miscarriage without woman’s consent
Bharatiya Nyaya Sanhita, 2023
Section 89 BNS at a Glance
Section 89 BNS deals with causing miscarriage without woman’s consent. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 313 IPC on 1 July 2024.
Imprisonment for life, or imprisonment of either description for up to ten years.
Section 89 BNS Bare Act Text
89. Causing miscarriage without woman’s consent
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.
Source: Section 89, Bharatiya Nyaya Sanhita, 2023
Section 89 BNS in Simple Words
Section 89 of the Bharatiya Nyaya Sanhita (BNS) deals with causing a miscarriage without the woman's consent. It applies where a person commits the offence of causing miscarriage under Section 88 BNS without the consent of the woman, whether the woman is quick with child or not. The law treats this as a grave offence because it interferes with bodily autonomy and reproductive choice.
This section is aimed at anyone who voluntarily causes a miscarriage without the woman's consent and not in good faith to save her life, whether through force, deceit, or other means. In practice, it applies in cases involving violence against women, forced administration of substances, or medical acts done without proper permission. Because consent is absent, the section prescribes imprisonment for life, or imprisonment of either description for a term up to ten years, and the offender is also liable to fine.
Ingredients of Section 89 BNS
- 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
Punishment Under Section 89 BNS
Imprisonment for life, or imprisonment of either description for up to ten years.
The offender is also liable to fine. The section prescribes no limit.
Causing miscarriage without the consent of the woman carries imprisonment for life, or imprisonment of either description for up to ten years, and the offender is also liable to fine. It is cognizable and non-bailable, triable by the Court of Session, and not compoundable.
Example of Section 89 BNS
When Section 89 BNS Does Not Apply
- The woman gave free and informed consent to the act causing miscarriage, in which case Section 88 BNS applies
- No miscarriage was caused to the woman
- The miscarriage was caused in good faith for the purpose of saving the life of the woman
- The accused did not voluntarily cause the miscarriage
Section 89 BNS in the IPC (Previous Law)
Section 89 BNS replaces Section 313 IPC from the old criminal code.
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.
View IPC Section 313 →FAQs on Section 89 BNS
Is consent the key issue under Section 89 BNS?▼
Yes. The section focuses on whether the woman consented to the miscarriage. If there is no valid consent, the act falls within this offence whether the woman is quick with child or not.
Does Section 89 BNS apply only to doctors?▼
No. It can apply to any person who causes the miscarriage without consent. A doctor, nurse, relative, partner, or any other person can be liable if the legal ingredients are proved.
What is the punishment under Section 89 BNS?▼
The punishment is imprisonment for life, or imprisonment of either description for up to 10 years, and the offender is also liable to fine. The law treats it as a serious offence because it involves harm to the woman's body and reproductive rights.
Can someone be charged under Section 89 BNS today?▼
Yes. Section 89 BNS is in force under the Bharatiya Nyaya Sanhita, 2023 and applies to present-day cases where a miscarriage is caused without the woman's consent.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·